Chapter 13 : Trials and Jury Flashcards
how many amendments are involved in trials and jury
- 6th - speedy and public trial
- 14th - due process
- 5th - federal due process
how many people are on a jury for misdemeanor in state
6
how many people are on a felony jury
12
characteristics of a jury
unanimous verdicts
* not guilty
* guilty
* hung jury
jury selection process
master list –> venire panel –> jury –> panel
peremptory challenge
the prosecution and the defense have an opportunity to strike jurors from the panel for any reason as long as it is not a discriminatory reason
master jury list
individuals who live in the jurisdiction
venire
a group of citizens from which members of the jury are chosen
voir die
“to speak the truth”. process by which prospective jurors are quesitoned to determine whether there is cause to excuse them from the jury
deliberations
the time where the jury goes to dicuss the guilt or innocence of the defendant
presumptions
a conclusion that the law requires the trier-of-fact to accept as truw
direct evidence
eye witness testimony
circumstantial evidence
requires an inference to be drawn
steps in a jury trial process
- swearing in jury (jeopardy attaches)
- opening statements
- pros. case in chief
- def. case in chief
- pros. rebuttal
- def. rebuttal
- closing arguments
- jury instructed
- deliberation
- verdict
when does jeopoardy attach in a bench trial
when the first witness is sworn in