Chapter 9 Flashcards
What is a trial by ordeal?
when a defendant’s guilt or innocence would be determined by walking on hot coals or sticking their and in boiling water
What did the Magna Carta do?
No freeman shall be harmed without the presence of his peers
Did we always have a right to a jury?
No, only the noble and the rich did
What is the role of the jury?
They are the fact finders
How much discretion does the jury have?
unlimited
What did Duncan vs. Louisiana do?
stated that the right to a jury trial was a fundamental right for serious offenses only not petty offenses
What is a petty offense?
6 months or less
When is a jury trial required?
6 months or more of imprisonment
Can city ordinances alter petty and seriousness of a crime?
yes
How many jurors are needed to convict?
12 or 6
What is the most common amount of jurors?
12
When does a jury decisions have to be unanimous?
6 jurors
When doesn’t a juror decision have to unanimous?
12 jurors
What are the stages of selecting jurors?
Master jury list
Venire to jury panel
Voir Dire
What is master jury list?
a list of potential jurors within a specific jurisdiction who can be chosen a random an report for jury duty
What is a venire?
group of individuals who report for jury duty
What is a jury panel?
a group of people who are selected at random from the venire
What does Voir Dire Mean?
To tell the truth
What is a Voir Dire?
when jurors are questioned under oath to help determine their appropriateness to sit as a juror in trial
What is a for cause challenge?
a dismissal of a juror from the jury panel because they are seen to be biased or unable to render a fair judgment
Is a for cause challenge limited or unlimited?
unlimited
What is a peremptory challenge?
when an attorney dismisses a potential juror for no reason
Are peremptory challenges limited or unlimited?
limited
What are some examples of peremptory challenges?
- attorney hunches
- tv shows they watch
- professions of parents
- prior convictions
What is the Batson rule?
Race, ethnicity, or gender cannot be reason to kick people of jury
