Jury Trial Flashcards
What is a Jury Trial?
A criminal D fundamental right in US constitution.
What are the rights to a jury trial based on in florida?
tjese righs are Constitutional and rule based and it grants a right to speedy and public trial by jury.
Can you waive a jry trial?
Yes if the state gives consent you can waive it.
Florida Consitution fixes the number of jurors at?
6
for regular cases
FLorida consittution fixes the number of jurors in capital cases at?
12
What is a serious offense?
One where you have to go to jail for at least 6 months.
What are the serious offense catagories?
1) . Offense indictable at common law
2) . moral turpitude
3) . malum in se (inherently evil)
4) .right to jury trial was recovnized at the time of adoption of FL constitution.
What is a petty offense?
The nature of offense and maximum penalty for offense.
Do you get a jury trial in florida if there is less that 6 month penalty at hand?
Yes if it is 1). deception of immigration officials
2) . DUI
3) . shoplifting
When do you get the jury instructions?
After the case is concluded unless it is a capital cases. Then it is provided at the beginning also.
What form must the jury instructioins be provided for in capital cases?
Written
What form must the jury instructioins be provided for in non capital cases?
Oral and written if requested
What materials can the Jury have in the jury room?
Discretionary matterial and manadatory material.
in non capital cases, any item received in evidence other than depositions, including certain documents.
What is the mandatory material that can be in the jury room?
Written copy of all jury instructions that are used.
What is the discretionary matterial that can be in the jury room?
Copy of charges against the D, Forms of verditct that have been approved, instructions
provided in non capital cases, if any is taken all must be taken, any item received in evidence other than depostions including certain documents.
