Trial: Right to Trial by Jury Flashcards
In general, what issues arise with regards to right to trial by jury?
- When does right to trial by Jury apply
- What is required number/unanimity of jurors
- Right to venire from representative cross-section of community
- Peremptory challengers (race/gender).
- right to impartial jury
- sentence enhancements
When is there a constitution right to jury trial?
List examples.
General rule –> there is a constitutional NO constitutional jury trial right for petty offenses, only for “serious offenses”
“Serious offenses” –> imprisonment of more than 6 months is authorized
Right to jury trial:
- where imprisonment of more than 6 months is authorized
- criminal contempt proceedings where cumulative penalties exceed 6 months
No Right:
- Civil contempt proceedings
- Juvenile delinquency proceedings
- if judge summarily imposes punishment for contempt DURING trial, penalties may aggregate more than 6 months without jury trial
What is the right to a jury trial with regards to probation?
Judge may give probation for up to 5 years without jury trial, PROVIDED THAT revocation of probation would not result in imprisonment for more than 6 months
How many jurors are required to satisfy constitutional right to jury trial?
At least 6
Must a conviction be unanimous in order to satisfy right to jury trial?
No. SCOTUS has upheld convictions that were less than unanimous, but prob would not uphold an 8-4 vote.
HOWEVER –> 6 person juries MUST be unanimous
What is D’s right to venire selected from representative cross section of community?
Does D have right to proportional representation on his particular jury
General rule –> D has right to have jury selected from a representative cross-section of the community
To show violation of his right to jury trial –> D need only show underrepresentation of a DISTINCT and NUMERICALLY SIGNIFICANT group
HOWEVER –> D has NO right to proportional representation on his particular jury.
What is the general rule with regards to peremptory challenge?
What are the steps if D makes a an equal protection challenge with regards to peremptory strikes?
Generally –> prosecutor may use peremptory strikes for any reason
HOWEVER –> Equal protection forbids use of peremptory challenges to exclude jurors SOLELY bc of RACE or GENER
To challenge:
- D must show FACTS or CIRCUMSTANCES that raise an INFERENCE that exclusion was based on RACE or GENDER
- upon such showing, P must come forward with a RACE-NEUTRAL explanation for the trike (NOTE –> even an unreasonable explanation is sufficient, as long as it’s race neutral)
- Judge determines whether Prosecutor’s explanation was GENUINE or MERE PRETEXT. If judge believes challenge was sincere, strike may be upheld
What is D’s right with regards to question on racial bias?
D has right to question re: racial prejudice on voir dire if:
- race is bound up in case; OR
- he is accused of interracial capital crime
REASONING –> right to impartial jury
What is the rule w regards to juror opposition to death penalty?
In capital case, state MAY NOT automatically exclude for cause all those who express doubt about death penalty.
RULE –> it must be determined whether juror’s views would PREVENT or SUBSTANTIALLY IMPAIR performance of his duties in accordance with his instructions and oath
What is the consequence of a death sentence imposed by jury where juror was improperly excluded?
Automatic reversal.
REASONING –> right to impartial jury
What is d’s right with regards to questioning jurors in death penalty case?
In capital case, D MUST be allowed to ask potential jurors if they would automatically give death penalty on guilty verdict.
Juror who answers affirmatively MUST be excluded FOR CAUSE.
WHY –> juror cannot perform his duties in accordance with instructions on mitigating circumstances.
REASONING –> right to impartial jury
Is there a constitutional violation if court wrongly refuses to exclude juror for cause, but then D uses peremptory challenge?
No constitutional violation
What is the rule w regards to inconsistent verdicts?
Inconsistent verdicts are NOT reviewable
EXAMPLE –> finding D guilty and co-D not guilty on same evidence
What is the rule w regards to right to jury trial and sentence enhancement?
What else does this rule apply to?
If law provides that sentence may be increased beyond statutory max if additional facts (other than prior conviction) are proved, proof of the facts:
- MUST BE SUBMITTED TO JURY; and
- PROVED BEYOND REASONABLE DOUNT
If this doesn’t happen, then D’s right to jury trial has been violated.
HOWEVER –> judge MAY have power to decide whether sentences for multiple crimes are to run consecutively or concurrently, even though decision is based on facts of the case
SAME RULE APPLIES TO:
- setting amount due on fine (if amount is based on facts, D has right to have jury find those facts);
- sentencing enhancements after guilty pleas
What test applies to the question of whether to overturn a sentence for failure to submit a sentencing factor to the jury?
harmless error test
