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12 Angry Men & The American Jury System
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Legal Terms Prosecution – the legal party trying to convict
Defense/Defendant – the legal party trying to defend someone/something Reasonable doubt – proof of guilt must be beyond this to convict Presumption of Innocence – innocent until proven guilty Acquittal – defendant is free of all charges (not guilty) Burden of proof – this is on the prosecution not the defense First Degree Murder – premeditated murder (death penalty cases) Second Degree Murder - not premeditated or planned in advance Voluntary Manslaughter - any intentional killing that involved no prior intent to kill; “Crime of Passion” Involuntary Manslaughter – death that is unintentional, but from criminally negligent behavior; drunk driving Double Jeopardy – a person cannot be tried for the same crime twice The Fifth Amendment – the right of a person not to testify against themselves
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History of a jury: British tradition
Trials by Ordeal: witches sinking or swimming Protected by the 6th and 7th Amendments
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The Sixth Amendment to the U.S. Constitution
Applies to all criminal prosecution Guarantees the right to: a speedy and public trial Be informed of the nature and cause of the accusation Be confronted with witnesses in his favor Have the assistance of counsel for his defense
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The Seventh Amendment to the U.S. Constitution
Applies to all civil cases involving more than $20 Preserves the right to a trial by jury, if any party in the suit wants one. Jury’s decision is FINAL verdict can only be reversed if there is a significant error of law (improper jury instruction, admission of evidence, procedural error or misinterpretation of a statute)
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The Selection of a Jury Selected at random from voter registration lists, motor vehicle lists, etc. You will receive information in the mail indicating you have been chosen for jury duty. Jury Duty is a civic duty to serve on a jury
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All Jurors: Must be a US citizen 18 years old
Be able to read, write, speak and understand the English language Mentally and physically capable of rendering jury service Not have felony charges against them or have felony convictions
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If you are chosen for jury duty…
You become a member of the jury pool. The jury pool is made up of all the people who can become potential jurors. The lawyers from both sides will examine the potential jurors by asking them questions relating to the case. This helps to avoid bias and self-interest.
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The Jury Panel 12 people and 2 alternates are selected to serve as the jury panel If you serve on a jury and are missing work – you still will get paid. Your employer must pay you up to 5 days of jury service.
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Your Role as a Juror After all evidence has been presented, the give their closing arguments. Then the jurors are released to deliberate
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Jury Deliberation Deliberation will continue until all 12 jurors agree, a unanimous decision. If they cannot come to an agreement, it is called a hung jury. If there is a hung jury, the case may be dismissed or a new trial will be given.
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Verdict The jury elects a member to serve as the “Jury Foreman”.
The “Jury Foreman” presents the findings of the jury to the court.
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TRIALS Only 5% of all cases are heard by a jury trial.
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Solve the Mystery Three men – Mr. White, Mr. Blue, and Mr. Orange – and their wives were entertained at the home of a friend one evening. After the departure of the guests, the host and hostess discovered that a valuable antique had been stolen. It’s discovered one of the guests was the thief. Who was the thief? The spouse of the thief lost money at cards that evening. Because of partial paralysis of his hands and arms, Mr. Orange was unable to drive his car. Mrs. Blue and another female guest spent the entire evening doing a jigsaw puzzle. Mr. Blue accidently spilled a drink on Mrs. White when he was introduced to her. Mr. Orange gave his wife half of the money he had won to make up for her loss. Mr. Blue had beaten the thief in golf that day.
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The Mystery Solved The Stolen Antique – Mrs. Blue
Mr. Orange won money at cards; therefore, from the first statement, we know that Mrs. Orange was not the thief. Because Mrs. Orange played cards, the other female guest referred to in the third statement must have been Mrs. White. Because Mrs. Blue and Mrs. White did not play cards, neither of their husbands could have been the thief. If Mr. Orange had paralysis of the hands and arms, he could not have played golf with Mr. Blue; therefore, Mr. Orange could not have been the thief. This eliminates all but Mrs. Blue and Mrs. White. Because Mr. Blue had not previously met Mrs. White, Mrs. White could not have been the thief. By elimination Mrs. Blue must have been the thief.
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