CJ227 Criminal Procedure Welcome to our Seminar!!! (We will begin shortly) Tonight – Unit 7 (Chapter 12 – Juries) (Chapter 13 – Trial Procedure)

CJ227 Criminal Procedure - Unit 6 Review In Unit 6 we covered: –Chapter 9, 10 and 11 –Pretrial motions, hearings and pleas –Courtroom evidence –Major trial participants

CJ227 Criminal Procedure - Unit 7 Preview In our Unit 7 seminar we will discuss: Chapters 12 & 13 Juries Juror qualification Trial Procedures Opening Statements Witness Examinations Objections to Testimony Insanity

CJ227 Criminal Procedure - Unit 7 Which Amendment addresses the issue of Juries? What does the Amendment say about jury qualification?

CJ227 Criminal Procedure - Unit 7 The 6 th Amend states the only qualification is that a jury be impartial and chosen from the judicial district in which the crime was committed. (Most states have similar provisions in their statutes.)

CJ227 Criminal Procedure - Unit 7 Where does the concept of a jury of “his peers” come from? What does the concept of a jury of “his peers” mean?

CJ227 Criminal Procedure - Unit 7 The concept of a jury of one’s peers comes from the Magna Carta and was intended to prevent the King or monarchy from seizing a freeman and/or his property on a whim. This concept was brought to America by the English colonists. Modernly a jury of one’s peers is satisfied by having jurors come from a cross section of the community in which the trial takes place. [Glasser v. US, 328US128 (1942)] (typically this is satisfied by jurors from the same county.)

CJ227 Criminal Procedure - Unit 7 What is a juror panel/jury list? What are the qualifications to be a juror? Who are some of the persons typically exempted from serving as jurors?

CJ227 Criminal Procedure - Unit 7 A jury panel/jury list is a listing of the persons who are available for jury duty in a particular district. While there are no controlling guidelines, federal rules provide that no person be excluded on the basis of race, religion, etc., and that the persons selected are a cross section of the community and picked at random. (some common ways are based on voter registration or driver’s license issuance).

CJ227 Criminal Procedure - Unit 7 Juror qualifications: –US citizen –At least 18 years of age –Resident of the judicial district for a certain period of time, usually at least 1 year –In possession of natural faculties (see, hear, talk, feel, smell) –Understand English –Aliens, persons convicted of malfeasance in office, felonies or other high crimes are generally excluded. Jurors are brought to court to become part of a jury pool by means of a summons which is served upon them by the court. Failure to appear as stated in the summons is grounds for a warrant to be issued for your arrest.

CJ227 Criminal Procedure - Unit 7 Persons typically excluded from jury duty: –Members of the legislature and most state and local public officers –Law enforcement and corrections officers –Active duty military –Ministers and priests –Teachers, physicians, mail carriers –Those whose service would cause significant hardship

CJ227 Criminal Procedure - Unit 7 What is meant by “challenging a juror for cause?” What are some of the possible challenges for cause?

CJ227 Criminal Procedure - Unit 7 Prospective jurors do not always admit reasons why they would not qualify a a juror. Challenging a juror for cause means that one side (prosecution or defendant) believes that a particular juror is not qualified to be a part of their jury. Some of the reasons for challenging a juror for cause include: –Felony conviction –Not representative of a community cross section (usually as to the entire jury) –Preconceived idea of guilt or innocence (juror has already formed an opinion on the guilt or innocence of the D.) –Implied or actual bias –Opposition to the death penalty (only in those cases where the death penalty is sought)

CJ227 Criminal Procedure - Unit 7 What is a peremptory challenge and how does it differ from a challenge for cause? What is an alternate juror and what is their role in a trial? What does it mean to sequester a jury?

CJ227 Criminal Procedure - Unit 7 A peremtory challenge is the right or one party to excuse a juror for any reason whatsoever. The reason does not have to be disclosed. In most courts, each side is given a specific number of peremptory challenges. The only limits to this is that a juror cannot be excused on the basis of presumed group bias..that is on the basis of racial, religious, ethnic or similar grounds. Once a jury has been selected, they are “empaneled” or sworn in, usually as a group, but some courts still swear jurors in individually. In trials which are expected to extend over a longer period, alternate jurors are often selected as well. These jurors are sworn in as the other jurors and usually sit in an area adjacent to the jury box and observe everything that the empaneled jurors do, but do not take part in the verdict deliberations unless a member of the empaneled jury is unable to complete the trial to the end.

CJ227 Criminal Procedure - Unit 7 Sequestering a jury segregates the jurors from all outside contact during the pendency of a trial to protect them from outside influence in arriving a their verdict. When not in the courtroom, the jurors are kept under the watch of a guard or baliff. While sequestration is typically at the discretion of the trial judge, some jurisdictions require sequestration for certain charges.

CJ227 Criminal Procedure - Unit 7 What is the purpose of an opening statement? What is the standard for conviction in a criminal trial?

CJ227 Criminal Procedure - Unit 7 The purpose of an opening statement is to give the trier of fact a understanding of the testimony and evidence that is to follow. The prosecution is required to prove each and every element of its case beyond a reasonable doubt.

CJ227 Criminal Procedure - Unit 7 What is meant by the concept – right to confront? What are the two primary classifications of witnesses and how does this classification affect the testimony that can be given by each?

CJ227 Criminal Procedure - Unit 7 Under the 6 th Amend, every crim D has the right to confront opposing witnesses. This includes the right to cross-examine (which we will examine in a bit.) The 2 types of witnesses are: Lay and Expert. –Lay – can only testify as to facts within their own personal knowledge (that which was seen, heard, felt) –Expert – one who has knowledge and/or skill in a particular area that is beyond the knowledge of the average person (eg, forensics). Offers the judge/jury the benefit of their knowledge, usually in the form of an opinion to assist them at arriving at the truth of a matter.

CJ227 Criminal Procedure - Unit 7 How are witnesses summoned to court? What is a subpoena duces tecum? What is the difference between an oath and an affirmation?

CJ227 Criminal Procedure - Unit 7 Witnesses are order to appear in court in response to an issuance of a subpoena. Failure to appear is considered to be a contempt of the court and makes the person subject to a warrant for their arrest A subpoena duces tecum is issued when a witness is ordered to “bring all” papers, documents, or other physical evidence to court.

CJ227 Criminal Procedure - Unit 7 An oath is administered to the witness before they are permitted to testify where the witness promises to tell the truth. An affirmation is the functional equivalent of an oath but does not refer to God. A refusal to be sworn by the witness is generally considered to be a contempt of court. –Exceptions are small children or those suffering from a mental impariment.

CJ227 Criminal Procedure - Unit 7 What are the different types of examinations of a witness? What is an objection to a question?

CJ227 Criminal Procedure - Unit 7 Direct examination – questions asked by the person calling the witness. Witness is generally allowed a more narrative approach to their responses. Leading questions (those which suggest the answer) are not allowed. Exception is when the witness called is expected to be “hostile” to the party calling the witness. Cross examination – questions asked by the opposition. Leading questions allowed. Limited to question areas covered in direct examination. Re-Direct examination – Same a direct except generally limited to matters covered in cross-x Re-Cross examination – Same as cross examination except generally limited to matters covered in re-cross.

CJ227 Criminal Procedure - Unit 7 An objection is stated by a party who objects to a question or the answer of an opposing party. Must be stated in open court. –Ex: “Objection. Calls for hearsay” or “Objection. Counsel is leading the witness.” or “Objection. Motion to strike the witnesses last statement as non- responsive.” A judge can make a ruling or ask for an offer of proof from the party making the objection. If the judge agrees with the objection, it is sustained. If the judge disagrees, it will be overruled and the witness must answer.

CJ227 Criminal Procedure - Unit 7 Who has the burden of proving insanity as a defense? What are the different tests for insanity?

CJ227 Criminal Procedure - Unit 7 The burden of proving insanity as a defense rests with the defense M’Naughten – Did not know what they were doing was wrong. Irresistible impulse – Could not control conduct Substantial capacity – Lacks substantial cap. to appreciate wrongfulness of acts. Durham – Crim act was caused by mental illness Fed Law (Current) – Lacks cap to appreciate wrongfulness Balancing test Beyond a reasonable doubt Clear and convincing evidence

CJ227 Criminal Procedure - Unit 7 Tonight we discussed: –Chapters 12 & 13 –Juries –Juror qualification –Trial Procedures –Opening Statements –Witness Examinations –Objections to Testimony –Insanity

CJ227 Criminal Procedure - Unit 8 -- Preview In Unit 8 we will discuss: –Chapters 14 and 15 –Jury instructions –Deliberations –Hung juries –Verdicts –Appeals –Mistrials …and of course, much much more…I look forward to seeing everyone on the discussion board this week and next week in seminar!!!! Thank you for a great class!!