Juries and Trials Flashcards

1
Q

Where does the concept of “jury by peers” originate from?

A

Britain’s Magna Carta

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2
Q

Article III

A

trial for all crimes shall be by jury and in the state where the crimes were committed

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3
Q

6th Amendment

A

guarantees right to a “speedy and public trial by an impartial jury”

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4
Q

7th Amendment

A

“suits at common law where the value in controversy shall exceed $20, the right for trial by jury shall be preserved”`

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5
Q

Duncan v. Louisiana (1968)

A

guaranteed 6th amendment jury provisions to states via 14th amendment

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6
Q

What does 6th amendment cover in CRIMINAL TRIALS?

A

“serious offenses”

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7
Q

How does SCOTUS define “serious offenses?”

A

If terms of imprisonment exceed 6 months

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8
Q

How have some states broadened 6th Amendment provisions?

A

to cover any instance where jail time is possible

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9
Q

What does 7th amendment cover for CIVIL TRIALS?

A

technically covers “civil cases that could have gone to a jury under common law”

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10
Q

What has SCOTUS yet to do for 7th amendment?

A

incorporated it to states

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11
Q

What control do states have over civil trials?

A

in charge of setting rules for juries in civil trials.

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12
Q

Size of jury for CRIMINAL trial in FEDERAL COURT

A

12

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13
Q

size of jury for CIVIL trial in FEDERAL COURT

A

6

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14
Q

Size of jury for trial in STATES

A

generally 12

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15
Q

What minimum # of jurors did SCOTUS require?

A

6

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16
Q

What risk do more jurors bring?

A

Increased risk of hung jury

17
Q

What were criminal juries required to be under COMMON LAW?

A

unanimous

18
Q

What led SCOTUS to finally require criminal juries to be unanimous?

A
  1. demanded 6-person juries be unanimous
  2. unheld convictions of 10-2 & 9-3
  3. all states required unanimous verdicts except Louisiana & Oregon
19
Q

When did SCOTUS require all criminal juries to be unanimous for convictions to stand?

A

2020

20
Q

Do civil trials have to be unanimous?

A

Civil trials require a MAJORITY

21
Q

When does jury selection begin?

A

Once all motions are filed and settlement can’t be reached

22
Q

Jury master list

A

Lists of potential jurors that is representative of the community.

23
Q

Venire

A

Jury pool. Clerk randomly draws names and sends summons to those individuals.

24
Q

What are selected jurors legally required to do?

A

To show up to court

25
Q

Requirements to serve on jury

A
  1. US citizen
  2. Meet residency requirements
  3. Speak English
  4. No previous felony convictions
  5. Not have other statuatory exemptions
26
Q

Voir Dire

A

Process by which prospective jurors are questioned to ascertain if there is cause to remove them from the jury.

27
Q

How many jurors are selected?

A

12 + 2 alternatives

28
Q

Who can ask questions in voir dire?

A

First judge, then each attorney

29
Q

How long can voir dire take?

A

Days to weeks

30
Q

By what 2 ways can jurors be excused once voir dire begins?

A
  1. Challenge for cause
  2. Premptory Challenge
31
Q

Challenge for Cause

A

Prospective juror has harsh bias that would interfere with a fair trial.

32
Q

What challenge is unlimited?

A

Challenge for cause

33
Q

Premptory Challenge

A

Person is removed without giving a reason

34
Q

How many times in voir dire can a premptory challenge be used?

A

Limited.

35
Q

Batson violation

A

Claim that a premptory challenge was used based on race.

36
Q

What right does a batson violation allege has been violated?

A

6th amendment