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Published byBertram Goodman Modified over 9 years ago
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JURORS, WITNESSES, AND OTHERS IN THE JUDICIAL PROCESS
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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
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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
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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
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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
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A jury is selected from 36-48 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
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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
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Traditionally 12 people Smaller juries may be used in some instances Save time and money May not be truly representative
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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
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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
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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
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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
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Scheduling Set court docket Schedule court reporters Produce and distribute trial transcript Manage records Collect fees and fines
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Court Unification Judicial Superintendents Administrative Personnel Policy Research
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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
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Court Reporters Maintain verbatim transcripts of all court proceedings Important for appeals Court reporting has become scientific Interpreters Foreign languages American Sign Language
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