Week 8 (Core Notes) - Pre-Trial issues

Question 1

What are the overarching goals of pre-trial procedures?

Answer 1

• Individuals involved in trial understand the basic elements of judicial processes
• Individuals not impaired in their ability to participate
• not impacted by local environment/bias.

Question 2

When and where are smaller juries acceptable (6)?

Answer 2

United states for non capital cases (not punishable by death).
In Australia, civil cases may have 6 jurors

Question 3

In Australia what are the conventional number of jurors for criminal cases?

Answer 3

Most often 12 members (to deliver a verdict), can maybe contain 11 if one person for whatever reason cannot make it i.e ill dis dat.
For more lengthy cases, can go up to 15.

Question 4

Pre trial issues - The defendant

Answer 4

Whether an individual can fully understand the situation

i.e ability to consult with attorney rationally + factual understanding of proceedings against him/her. - super low IQ - e.g borderline mental retardation.

Question 5

Pre trial issues - Psychological aspects

Answer 5

CST (Competency Screen Test) conducted to ensure defendant is capable of understanding;

• Basic concepts related to trial e.g crime committed, attorney name, severity of crime
• The roles of main actors in the trial
• Legal/constitutional rights

Utility for forensic psych - determine offenders ability to stand trial.

Question 6

Pre trial issues - The jury

Answer 6

Broken into 3 areas:
1.Change of venue (ensures that the trial location is unbiased).

Psychological aspects for (venue) include:

• Empirical proof - prejudicial pre trial publicity or local passion and subsequent impact on the local commute
• Thus, proof of less impact at another venue.
• 5 step survey process handed out to number of people to determine the above. F. Psych will examine and assess suitability.

2. Jury Size | 3. Jury Selection
   - ensuring that the size of jury does not disadvantage trial i.e remains objective. Fulfils legal standard
   Psych aspects for smaller juries:

• less likely to provide ling deliberation (discussion group) than larger juries
• Non-guilty individuals more likely to be convicted
• less likely to represent cross section of society
• Hold-outs more likely to change their vote without an ally, and lower likelihood in smaller jury.

Question 7

Pre trial issues - jury selection

Answer 7

Ensuring objectivity, no ‘extra evidential’ factors in their decisions.

The legal standard: representative cross section of community and ensure pre-existing biases/prejudices do not impact ability to fairly assess evidence.

Psych aspects include;
- race, socioeconomic status, gender, attitudes and beliefs, political beliefs, cognitive factors, experiences with crime, facebook profile and other indicators.

Question 8

What is the ‘purpose of the jury’?

Answer 8

To fulfil the purpose of the jury -demonstrated sizeable panel and again no room for bias/corruption.

Question 9

What is the Venire Process?

Answer 9

1. Identification of potential jurors - based on concept of voir dire (preliminary examination of jurors)
2. Notification to attend including questions related to exclusions, disqualification, exemption, age, citizenship - varies across jurisdictions (US, AU, Canada).
3. Creation of venire (jury pool) - each side may challenge for cause (proof or bias that may impede judgement), or through peremptory (immediate) challenges (judging a book by it’s cover kinda thing).
4. Defence and persecution have specific amount of unconditional peremptory challenges. No justifications have to made when choice to exclude juror is made. - voir dire and the death penalty.