Juries and Jury Trials

Question 1

when is jury trial guaranteed

Answer 1

if punishment for a particular charge exceeds 6 months

Question 2

what’s the minimum number of jurors

Answer 2

6

Question 3

must verdicts be unanimous

Answer 3

yes - fed and state

Question 4

what is the test to show exclusion of a group in jury venire

Answer 4

Step 1: ∆ must show prima facie case that the group is distinct and not reasonably represented and being systematically excluded
Step 2: burden shifts to state to prove a significant state interest exists and is advanced by the exclusion (like doctors)

Question 5

what are the types of jury strikes

Answer 5

for cause and preemptory

Question 6

what is the batson test for inappropriate preemptory strikes

Answer 6

step 1: ∆ must show that the stricken jurors are part of a cognizable group and jurors of that group have been excluded

step 2: burden shifts to state to show race neutral reason

step 3: court decides based on facts and circumstances

Question 7

does ∆ have to be the same group as the stricken jurors for Batson?

Answer 7

no

Question 8

what are some factors for batson

Answer 8

disproportionality
inconsistent treatment
disparate questioning
jury shuffling
notes
if prosecutor has history of this