Juries and Trials Flashcards
Where does the concept of “jury by peers” originate from?
Britain’s Magna Carta
Article III
trial for all crimes shall be by jury and in the state where the crimes were committed
6th Amendment
guarantees right to a “speedy and public trial by an impartial jury”
7th Amendment
“suits at common law where the value in controversy shall exceed $20, the right for trial by jury shall be preserved”`
Duncan v. Louisiana (1968)
guaranteed 6th amendment jury provisions to states via 14th amendment
What does 6th amendment cover in CRIMINAL TRIALS?
“serious offenses”
How does SCOTUS define “serious offenses?”
If terms of imprisonment exceed 6 months
How have some states broadened 6th Amendment provisions?
to cover any instance where jail time is possible
What does 7th amendment cover for CIVIL TRIALS?
technically covers “civil cases that could have gone to a jury under common law”
What has SCOTUS yet to do for 7th amendment?
incorporated it to states
What control do states have over civil trials?
in charge of setting rules for juries in civil trials.
Size of jury for CRIMINAL trial in FEDERAL COURT
12
size of jury for CIVIL trial in FEDERAL COURT
6
Size of jury for trial in STATES
generally 12
What minimum # of jurors did SCOTUS require?
6
