1 Trials and Juries Chapter Fourteen

2 Sixth Amendment (revisited) In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defense.

3 Primary Purpose of the Jury

4 Historical Perspective Trial by Jury first used in Athens 500 or 600 B.C.

5 Jury Size Williams v. Florida: Ballew v. Georgia:

6 Jury Unanimity Johnson v. Louisiana: Apodaca v. Oregon: Burch v. Louisiana:

7 Constitutional Issues Taylor v. Louisiana: Batson v. Kentucky: Georgia v. McCollum: J.E.B. Petitioner v. Alabama:

8 Jury Selection Three steps:

9 Peremptory Challenges Method for excusing a potential juror without specifying the reason.

10 Steps of the Criminal Trial

11 Steps of the Criminal Trial Continued...

12 Burden of Proof The Prosecution must prove the defendant’s guilt beyond a reasonable doubt.

13 Types of Evidence Real (Relevant) Evidence: Testimony: Direct Evidence: Circumstantial Evidence:

14 Rules of Evidence Trustworthiness. Best-Evidence Rule: Hearsay Evidence:

15 Relevancy Evidence must be relevant to the case.

16 Scientific Evidence

17 Defenses Alibi Defenses Affirmative Defenses

18 Insanity Defense McNaughton Rule: Irresistible Impulse: Substantial Capacity Test:

19 Post-Verdict Motions Motion in Arrest of Judgment Motion for new trial

20 Jury Issues Jury Nullification: Jury Sequestering:

21 Related Court Issues Venue Change of venue motions Gag Order Contempt of Court