Exam 2 - Lecture's 11 Flashcards
_________ Amendment: guarantees the right to a trial by an “impartial jury” in criminal cases
Sixth
Sixth Amendment: guarantees the right to a trial by an “_________” in criminal cases
impartial jury
_________ Amendment: guarantees the right to a trial by jury in civil cases
Seventh
Seventh Amendment: guarantees the right to a trial by jury in _________ cases
civil
Sixth Amendment: guarantees the right to a trial by an “impartial jury” in _________ cases
criminal
- Jury Selection and Service Act of 1968
- Taylor v. Louisiana (1975)
Federal and state courts must assemble juries that constitute a “fair _________ of the community”.
cross-section
Juries-
Main issue: _________
REPRESENTATIVENESS
-Representativeness-
Why is it important?
- System must look _________ and legitimate
- Personal qualities of jurors should not affect the _________ of a trial
- fair
- outcome
Strauder v. West Virginia (1880):
- Exclusion of individuals solely b/c of race is a violation of the _________ Clause
- Systematic or intentional exclusion of religious, racial or other cognizable groups is _________
- Equal Protection
- forbidden
_________ : Gathered from voter registration lists
Jury pool
_________ : Once pool is drawn…
“venire”
“venire”: Once pool is drawn…
Individuals answer questions to assess qualifications and ability to _________
serve
“venire”: Once pool is drawn…
_________ : mental incompetence, non-English speakers, police officers, legally blind
Exclusions
“venire”: Once pool is drawn…
Exclusions: mental incompetence, non-English speakers, police officers, legally _________
blind
1979: _________ were automatically excluded from jury pool
women
_________ : “To speak the truth”
Voir Dire
Voir Dire: “To speak the truth”
Purpose is to eliminate _________ jurors
bias
Voir Dire: “To speak the truth”
Potential jurors are questioned by _________
attorney/judge
Voir Dire: “To speak the truth”
No set _________ regarding how questions are posed
guidelines
_________ : Yes/No questions asked to the entire group
Limited Voir Dire
Limited voir dire:
Doesn’t tell you much about each juror’s _________
beliefs
Limited voir dire:
If jurors are silent during a response it doesn’t mean they are _________
unbiased
Can you set aside dispositions and biases when evaluating trial evidence?” _________
Impossible
_________ :
Both judges and attorneys ask questions
Extended voir dire
Extended voir dire:
Both judges and attorneys ask questions-
- Open and closed _________
- Jurors questioned _________ about many topics
- questions
- individually
Extended voir dire:
- Encourage jurors to talk about their _________
- Can reveal _________ that would have otherwise not come up
- experiences
- biases
_________ :
- Compromise between limited and extended
- Ask group questions then select a few for brief, follow-up questioning
Typical voir dire