Chapter 8 notes pt. 5

Question 1

What are the requirements for th eaverage juror?

Answer 1

1. citizens of the U.S.
2. over 18 years old
3. free of felony convictions
4. healthy enough to function in a jury setting
5. sufficiently intelligent to understand the issues of a trial
6. Able to read, write, and comprehend (New Mexico being the exception)

Question 2

the list of citizens in a court’s district from which a jury can be selected complied from voter-registration lists, drivers’s license lists, and other sources

Answer 2

master jury list

Question 3

master jury list is also known as _____ _____

Answer 3

jury pool

Question 4

________ ____ _____ is also known as jury pool

Answer 4

master jury list

Question 5

the group of citizens from which the jury is selected

Answer 5

venire

Question 6

venire is latin for?

Answer 6

“to come”

Question 7

_______ is latin for “to come”.

Answer 7

venire

Question 8

the preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness

Answer 8

voir dire

Question 9

voir dire is french for ?

Answer 9

“to speak the truth”

Question 10

_____ ____ is french for “to speak the truth”

Answer 10

voir dire

Question 11

the process of voir dire involves both _______ and ____ questioning of potential jurors

Answer 11

written

oral

Question 12

the voir dire, to the jury as a whole, it’s his or her only chance to ?

Answer 12

talk with the individual jurors

Question 13

What are the two types of potential challenges jurors face?

Answer 13

1. Challenge for cause

2. Peremptory Challenges

Question 14

a voir dire challenge for which an attorney states the reason why a prospective juror shouldn’t be included on the jury

Answer 14

challenge for cause

Question 15

voir dire challenges to exclude potential jurors from serving on the jury without any supporting reason or cause

Answer 15

peremptory challenges

Question 16

Under the Batson ruling, the defendant must prove that the prosecution’s use of a peremptory challenge was racially motivated. Doing so requires what legal steps?

Answer 16

1. the defendant must make a prima facie case that there has been discrimination during venire
2. the defendant must show that she or he is a member of recognizable racial group and that the prosecutor has used peremptory challenges to remove members of this group from the jury pool
3. the defendant must show that these facts and other relevant circumstances raise the possiblity that the prosecutor removed the prospective jurors solely because of their race
4. if the court accepts the defendant’s charge, the burden shifts to the prosecution to prove that its peremptory challenges were race neutral. If the court finds against the prosecution, it rules that a BAtson violation has occured

Question 17

prima facie is latin for?

Answer 17

“at first sight”

Question 18

_____ _____ is latin for “at first sight”

Answer 18

prima facie

Question 19

Legally what does prima facie mean?

Answer 19

refers to a fact that’s presumed to be true unless contradicted by evidence

Question 20

What happened in the Powers v. Ohio (1991)?

Answer 20

It ruled that a defendant may contest race-based pereptory chellenges even if the defendant isn’t of the same race as the excluded jurors

Question 21

What happened in the Georgia v. MCollum (1992)?

Answer 21

The Court placed defense attorneys under the same restrictions as prosecutors when making racce-based peremptory challenges

Question 22

What happened in J.E.B v. Alabama ex rel. T.B. (1994)?

Answer 22

The Supreme Court extended the principles of the Batson ruling to cover gender bias in jury selection

Question 23

The ______ is composed of all those people who have been identified as potential jurors for a particular trial. These people are then gathered for the process of ________ _______ in which the prosecution and defense choose the actual members of the jury.

Answer 23

venire

voir dire

Question 24

Both sides can remove jurors in two ways: (1) through unlimited challenges for ________, which require the attorney to give a reason for the removal, and (2) through a limited number of _________ challenges, for which no reason is necessary.

Answer 24

cause

peremptory

Question 25

According to the United States Supreme Court, potential jurors cannot be removed for reasons of _________ or ________.

Answer 25

race

gender

Question 26

Contrast challenges for cause and peremptory challenges during voir dire.

Answer 26

A challenge for cause occurs when an attorney provides the court with a legally justifiable reason why a potential juror should be excluded.
In contrast, pereptory challenges do not require any justification by the attorney and are usually limited to a small number. They cannot however, be based, even implicitly, on race or gender.