Trial Rights Flashcards
When does an accused have a right to a jury?
An accused has an absolute right to a jury in a court of record.
Does an accused have a right to a jury in a court not of record? (misdemeanor cases only in these courts.)
No. but instead there is a right to appeal the donviction to a court of record and receive a trial “de novo” before a jury.
When does a defendant have a right to a jury trial for traffic infractions?
When the infractions were tried in a circuit court.
What are the qualifications for jurors?
Jurors must be citizens over 18 years of age, residents of the state for one year and of the county, city, or town for six months. Jurors must be competent, represent a cross-section ofthe community, and can serve for only one term during the year unless and until the names of all others in the jury box have been drawn. If D objects to repeat juror, it’s reversible error.
What are the jury selection rules for felony cases?
20 persons free from exception are selected for venire, both sides are allowed four peremptory challenges each, total jury of 12.
What are the jury selection rules formisdemeanor cases?
13 persons free from exception are selected for venire both sides are allowed three peremptory challenges each, total jury of 7.
Failure of the court to exclude a venireman who should be excluded for cause is…
reversible error, even when the venireman is excluded by the defendant’s use of a peremptory challenge.
For what may a juror be challenged for cause?
for being related to either party, having an interest in the cause, or having a bias or prejudice related to the action.
In death penalty cases, a juror may be challenged for cause and excluded if:
the juror’s doubts about the death penalty would prevent or substantially impair performance of the juror’s duty or the juror states that he would automatically give the death penalty on any guilty verdict.
No exception is allowed to any juror on account of…
age or other legal disability after he is sworn, unless by leave of court.
Is there sequestration of the jury in Virginia?
No, unless the court directs oherwise.
The court may discharge a jury if…
it cannot reach a verdict or if there is a manifest necessity for such discharge.
Do jurors also sentence in Virginia?
Yes.
Criminal verdicts shll be:
unanimous, in writing, and returned by jury in open court.
What’s the limit to challenging jurors for good cause?
There is none.
Where is proper venue for a trial?
A trial must take place in the county or city in which the crime was committed. If it cannot readily be determined in which county or city within Virginia an offense occurred, the trial can take place in the county or city in which the defendant resides; (ii) if the defendant is not a resident of the commonwealth, in which the defendant is apprehended; or (iii) if the defendant is not a resident of the Commonwealth and is not apprehended in the Commonwealth, in which any related offense was committed.
What is the condensed venue rule?
Venue is proper in the county or city where the crime was committed. For special situations e.g., offenses out of state, involving stolen property or forgery, an act in one place causing injury in another, etc.), a good rule of thumb is that venue is proper in any place touched by the crime (e.g. where stolen property was bought, where body was found, where forgery took place/was passed, etc.)
Who has the burden to prove venue?
The state
Except as to motions for a change of venue, all other questions of venue must be raised…
before verdict in cases tried by a jury and before a judgment in nonjury trials.
For motion to change venue, who bears the BoP?
The burden of proof is on the accused to show good cause for such motion.
What must the accused show to successfully change venue?
Mob action, inflammatory press or media coverage, or usnusual difficulty in securing an impartial jury.
What is the rule regarding insanity?
A person may not be tried or sentenced while insane or feebleminded.
