Trial & Jury/Jurors

Question 1

Jurors in Noncapital

Answer 1

6 jurors

Question 2

Jurors in Capital cases

Answer 2

12 jurors

Question 3

Waiver of Jury

Answer 3

a defendant can waive a 6 person jury if the waiver is knowing, intelligent, voluntary, and made on the record.

Question 4

Selection

Answer 4

Must be at least 18 years old and be US citizens who reside in FL
- Challenge for Cause: any potential juror may be challenged for cause
- Peremptory Challenges: each side gets peremptory challenges for which no reason need to be given (10 for capital or life felonies; 6 for other felonies; 3 for misdemeanors)
- Appeal: to preserve a claim for appeal that trial ct should have excused a particular juror: defendant must (1) object to the juror; (2) exhaust all peremptory challenges; (3) request add peremptory challenges and be denied; and (4) identify a specific juror that he would have excused if possible

Question 5

Jury Sequestration

Answer 5

if a condition such as massive publicity could affect the fair-mindedness of the jurors, the court may order them sequestered until they render their verdict

Question 6

Trial Procedure

Answer 6

1. state’s opening statement
2. defendant’s opening statement
3. state’s case
4. defendant’s case
5. state’s rebuttal
6. charge conference to determine jury instructions
7. three closing arguments: state’s, defendant’s reply, state’s rebuttal

Question 7

Jury Instructions

Answer 7

Florida standard instructions should be used unless erroneous or inapplicable.
- either side may propose additional jury instructions
- objections must be made on the record BEFORE the jury retires (if not, they’re waived)
- except in capital cases, the judge may not instruct the jury on possible sentence
- instructions are given orally but judge must provide jury with written instructions to take into the jury room

Question 8

Deliberations

Answer 8

Jurors may take into the jury room any materials in evidence (except depos), copies of the charging instrument, and verdict forms
- upon their request and notice to both sides, they may rehear evidence already given or receive further inst
- once the jurors in capital death penalty cases retire to consider the verdict, they must be sequestered until they have reached a verdict or have been discharged

Question 9

Verdict

Answer 9

Unanimity is required for most jury verdicts (except sentencing phase during capital trials)
- capital trials: death sentence if at least 8/12 vote death
- when unanimity is required: judge or either side may poll jurors indiv. to make sure there’s no dissent; if verdict unambiguous or incomplete, jury may be instructed again and sent back for further deliberations

Question 10

Discharging Jurors

Answer 10

Jurors may be discharged when:
- verdict has been received;
- court finds that there is no reasonable probability that they will agree;
- necessity (ex: bldg on fire); or
- both sides agree to discharge