CPL 260 & 270 Flashcards
260.10 - Jury trial; requirement thereof.
Except for when a Non Jury trial is allowed, every trial of an indictment must be a __________
Jury Trial.
260.20 — Jury trial; defendant’s presence at trial.
A defendant MUST be personally present during the trial of an ______ , except if acting disorderly, and continues to be disorderly even _______, he may be removed from the courtroom
Indictment….. after being warned
260.30 — Jury trial; in what order to proceed. (Commit to memory. Imprint on your eyelids. Tattoo across your stomach like I did.)
- The jury MUST be selected and sworn
- The court MUST give preliminary instructions to the jury
- Followed by PUDA (People mUst Defendant mAy — deliver an opening address to the jury and offer of evidence}
- Followed by DAPA (Defendant mAy People mAy — deliver a summation to the jury)
- The court MUST then deliver a charge to the jury
- The jury MUST then retire to deliberate, and if possible render a verdict
xx
COL PHIL’S NEW & IMPROVED PUDA DAPA:
JUCU PUDA DAPA CUJU
Jury mUst be selected and sworn
Court mUst deliver preliminary instructions
PUDA DAPA
Court mUst deliver charge
Jury mUst retire, deliberate, and enter verdict if possible
270.05 — Formation in general (Superior Court)
A trial jury consists of ________ , but alternate jurors may be selected and sworn
The first ______ selected and not eliminated must be sworn as the trial jury
TWELVE (12) jurors… 12 jurors
270.05 — Formation in general
_______ is what governs the panel where jurors are drawn and selected.
Judiciary law
270.10 - Challenge to the panel
A challenge to the panel may only be made by the _________ on the ground that there has been a departure from __________ prejudicing the defendant.
Defendant…….. Judiciary law
270.10 - Challenge to the panel
A challenge to the panel must be made before the __________ commences or is deemed waived.
selection of the jury
270.10 - Challenge to the panel
The challenge must be made _______ setting forth facts which if disputed by the people can result in a __________
in writing …….. hearing
(Think of it like this, the People represent the state where the laws are created, they can’t object to their own process of selection of a panel)
270.15 — Examination of jurors general challenges
If a __________ is used for examination of jurors, an official form for this purpose shall be developed by the ______________
Questionnaire…….. Chief administrator of the courts (CAC)
270.15 — Examination of jurors general challenges
A _________ can be issued for jurors if it is felt that jury tampering may occur.
protective order
270.15 — Examination of jurors general challenges
The juror whose name is first drawn and called MUST be designated as the _________ , no special oath is given
foreperson
270.15 — Examination of jurors general challenges
A challenge for cause which is not made________ the juror is __________ as a trial juror is deemed to have been waived, except if such cause is discovered after he is sworn, but before the first trial witness is sworn, such challenge may be allowed by the court
Before…… sworn
270.16 -Capital cases, racial bias
In cases where the crime charged is punishable by _______ , Individual jurors may be questioned outside the presence of other jurors on their ability to be qualified jurors and the possibility of ________ on behalf of the juror
Death………. racial bias
270.20 - Challenge for cause individual juror
There are six logical grounds for a juror’s challenge for cause
- The juror does not meet qualifications required under ___________________
- The juror can’t be _______
- The juror is related within the _______ degree of consanguinity or affinity to a party of the action, including defendant, victim, witnesses, attorneys, etc. (NOT court employee. Make sure to wave to grandma.)
- Also if the juror has had any civil actions against any of the above players or any other relationship that would preclude him from rendering an impartial verdict
- Was or will be a ________ in this case either at preliminary examination, grand jury or trial
- Served on the __________ involving this case or served on a civil or criminal trial related to this case
- The juror maintains strong opinions __________ and the crime charges _________, which will result in impartiality on behalf of the juror
judiciary law…….. impartial… sixth….. witness….. Grand Jury… for or against the death penalty….. death
270.20 - Challenge for cause individual juror
Challenges in dispute can be tried and can only be considered reversible error if the objecting side had run out of ___________ or used a ________for the juror in question and was then out of ________________
peremptory-challenges……. Challenge……. challenges
270.25 - Peremptory challenges of individual juror
Definition — A peremptory challenge is an objection to a prospective juror for which ________ need be assigned. The court MUST then _________ the person challenged
no reason ……..Exclude………
270.25 - Peremptory challenges of individual juror (SUPERIOR COURT)
Class A felony
20 for regular jurors + 2 for each alternate
270.25 - Peremptory challenges of individual juror (SUPERIOR COURT)
Class B or C felony
15 for regular jurors + 2 for each alternate
270.25 - Peremptory challenges of individual juror (SUPERIOR COURT)
All other cases (even misdemeanors)
10 for regular jurors + 2 for each alternate
270.25 - Peremptory challenges of individual juror (SUPERIOR COURT)
These total peremptory challenges are for _________, they are to be treated as one party and a challenge will be allowed based on a majority ruling
all defendants
270.30 — Alternate jurors
Immediately after the last juror is sworn, the court in its discretion may direct the selection of ________ , but not more than _____ alternate jurors.
Exception for PL125.27 Murder 1st degree, as many alternates as the court deems appropriate
one or more…… six
270.30 — Alternate jurors
Alternates are drawn, questioned and selected in the same manner as __________
regular jurors
270.30 — Alternate jurors
After the jury begins deliberations, the court must ___________ alternates with the consent of the defendant and the people, or hold on to them with the direction that they are not to discuss the case and to be kept _________________ from regular jurors
discharge ……separate and apart
270.30 — Alternate jurors
Where a sentence of _______ is being sought the alternates are not to be discharged and are to be continuously kept together under the supervision of an appropriate public servant until a verdict is rendered
If the verdict is guilty where a ____________ may be imposed, they shall not be discharged and made available for any separate sentencing proceeding pursuant to CPL 400.27
Death……… death penalty
270.35 — Discharge of juror
- If it is found a juror is unable to continue serving for illness or other incapacity, engages in misconduct or is otherwise unqualified but not warranting a mistrial, the court (MUST/MAY) discharge such juror.
- If alternates are available the court MUST replace such discharged juror with the alternate whose name was _______ drawn and called
- If deliberations have begun, then such replacement MUST be with the consent of ___________ in writing, signed by the defendant and in open court
MUST….. first…… the defendant
270.35 — Discharge of juror
If the juror being replaced is the _______ then it is the juror whose name was second drawn and called who becomes the new _______, if no alternates are available the court MUST declare a _______
foreperson,……. Foreperson…… mistrial
270.35 — Discharge of juror
________ is the time given a juror to appear late for trial before the court can move to discharge such juror.
TWO (2) hours
270.35 — Discharge of juror
- Before discharging a juror the court shall afford the parties an opportunity to be ___________
- The reasons for such discharge must be__________
heard. ……..placed on the record
270.40 — Preliminary instructions by the court
- The court MUST give ________ to the jury before the people’s ____________
- These include not talking about the case, don’t visit the scene, promptly report any attempts by anyone to influence the jury..etc.
preliminary instructions…………. opening address.
270.45 — When separation is permitted
The jury may be allowed to __________ during recesses and adjournments or may be continuously _________ in the care of an appropriate public servant.
This is usually the Court Officer. Such officer cannot ______ any matters relating to the case. “Is weather, sports and politics ok?, | suppose it is”
Separate…. kept together…… discuss
270.50 Jury viewing of premises
This field trip may be done in the _________ at any time prior to the commencement of ________________
court’s discretion……… summations.
270.50 Jury viewing of premises
The jurors must be ________ by public servant.
kept together
270.50 Jury viewing of premises
The court itself (MUST/MAY) be (Judge) present.
MUST
270.50 Jury viewing of premises
The DA, defendant and defense counsel (MUST/MAY) as a matter of right be present but such right may be waived.
MAY
270.50 Jury viewing of premises
No __________ concerning what was observed is allowed! “Holy cow, look at the size of those bullet holes”…..is a no no.
discussions
270.55 — Sentencing jury in capital cases
During the time between the return of a verdict of guilty and the sentencing determination in ________ cases, the jury can either be kept together or allowed to separate under same rules as during trial
Murder
