JURORS, WITNESSES, AND OTHERS IN THE JUDICIAL PROCESS

 Guaranteed by the 6 th Amendment  Applicable to the states (Duncan v. Louisiana)  Applies only to criminal cases  Does not apply to petty misdemeanor cases  Purpose is to protect defendants from the exercise of arbitrary power

 Few cases use petit (trial) juries  Attitudes about jury service  Honor and civic obligation  Hassle and disruption of schedules  Requirements  Age of majority  U.S. Citizenship  Speak, read, and understand English  Reasons for disqualification  Conviction of a felony  Conviction of a crime of moral turpitude  Professional exemption

 Jury of the defendant’s peers  Individuals qualified for jury service  May not resemble the defendant  Groups of potential jurors (venire) are contacted  List created using master lists or master wheels  Methods  Voter registration  Registered drivers  Tax rolls  City/county directories  Motor vehicle registration  Telephone directories  Utility customers

 List Assembly  County Court Clerks  Jury Commissioners  Jury Service Frequency varies by state  Once a year (14 states)  Once every 2 years (14 states)  Once every 3 years (10 states)  Once every 4 years (2 states)  Others are determined by whether a person is seated and the number of trial days

 A jury is selected from potential jurors  Potential jurors are questioned (voir dire)  Background  Case knowledge  Juror exclusions  Challenge for cause  Prejudice regarding the case  Prejudgment of the case  Peremptory challenge  Available to each attorney in limited number  No reason needs to be given  Cannot be used in a discriminatory way  Exclusions usually result in a neutral jury

 Listen to evidence  Decide what the truth is  Decide the facts in a case  Cannot take notes  Social media has become an issue  Judge gives instructions to jury  Jury Deliberations  Election of a foreperson to preside over deliberations  Preliminary vote  Deliver a verdict

 Traditionally 12 people  Smaller juries may be used in some instances  Save time and money  May not be truly representative

 Traditionally, verdicts must be unanimous  Not required in all instances  Verdict must be unanimous in a death penalty case  Hung jury (unable to reach a unanimous verdict)  Charges dismissed, or  Case is retried

 Eyewitnesses  Personal knowledge or observation  Can testify to anything perceived through the physical senses  Sight  Hearing  Smell  Touch  Taste  Most common type of witness  Reasons for testimony  Civic duty  Court requirement

 Testify regarding professional opinion  Expertise must be established and qualified by the judge  Work experience  Educational background  Professional consultation  Research  Paid for their time and expertise  Attorneys may depose the witness prior to trial

 Courthouse security has increased nationwide  Threats to various legal professionals  Duties of bailiff  Security and order in courtroom  Secure entrances and courtrooms  Screen visitors  Announce judge’s entry into courtroom  Call courtroom to order  Escort jury members  Supervise sequestered juries  Monitor public areas

 Scheduling  Set court docket  Schedule court reporters  Produce and distribute trial transcript  Manage records  Collect fees and fines

 Court Unification  Judicial Superintendents  Administrative Personnel  Policy Research

 Exercise control over daily court operations  Emerged as a profession in the 1970s  Responsibilities  Budgeting  Personnel Administration  Jury Management  Case Scheduling  Administrative Office of Courts  Administrators are appointed by the chief judge  Represented by the National Association for Court Management

 Court Reporters  Maintain verbatim transcripts of all court proceedings  Important for appeals  Court reporting has become scientific  Interpreters  Foreign languages  American Sign Language