Trial: Speedy Trial Flashcards
Speedy Trial Application
As far as practicable, criminal trials take precedent over civil, and trials of jailed defendants take precedence over those not confined
Jury Size Felony
12
Jury Size Misdemeanor
6
Presence of Defendant at Trial (3)
(1) Felonies: must be present at all stages
(2) Misdemeanors: must be present if potential punishment includes prison
(3) Exception: if defendant voluntarily absents himself after jury selected, trial may begin
Voir Dire Defition
Conducted in the presence of the entire panel, except in death penalty cases when it is conducted individually
Formation of the Jury Qualifications (3)
(1) qualified voter in state and county
(2) no convictions for theft or felony
(3) not under indictment/accusation of theft or felony
Absolute disqualifications (4)
(1) not a qualified voter in state or county
(2) has convictions for theft or felony
(3) is under indictment/accusation of theft or felony
(4) insanity
Challenge for Cause (6)
(1) witness in the case
(2) served on the grand jury
(3) biased or prejudiced in favor of or against the defendant
(4) has reached a conclusion in the case which will influence verdict
(5) cannot read or write
(6) has a bias/prejudice against the law upon which one side or the other has a right to rely
Peremptory Challenges Exception
Batson Rule: Cannot be based solely on his or her race or gender (violates equal protection clause)
Procedure for Batson Challenge (4)
(1) Before the jury is sworn and empaneled
(2) prima facie case of purposeful discrimination
(3) then burden shits to show racial-neutral reasons
(4) Burden back on proponent to rebut explanation
Remedies for successful batson challenge (2)
(1) summon a new array, or
(2) disallow the challenge and seat the improperly challenged juror
