1. Courts and Criminal Justice in America CHAPTER Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Copyright © 2015 by Pearson Education, Inc. All Rights Reserved The Jury and the Trial 13

2. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Introduction If no plea agreement is reached and the defendant pleads “not guilty”, the case will go to trial The trial is a symbol of the moral authority of the state  Every defendant has the right to a hearing conducted under rules of procedure in an atmosphere of fair play and objectivity

3. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury History of the Jury Trial  Jurors are independent from the court Persons other than the judge decide factual matters Helps prevent excess meddling by the government  The concern with having impartial individuals goes back to when Anglo- Saxon kings ruled England

4. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury  The Normans who conquered England in 1066 also used procedures that set the stage for modern juries  King Henry II (1154-1189) set up a system to resolve land disputes using a jury of twelve free men Also introduced the concept of the “presenting jury” Became one of the precursors to the grand jury system

5. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury  In 1215, King Johns signed the Magna Carta Article 39 provides some basis for modern juries  Early juries were “self-informing”

6. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury Had preconceived notions going in to the trial  American colonists used juries as a means of rallying against unpopular British laws Solidified a place in the U.S. Constitution for trial by jury

7. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury  When the Right to a Jury Trial Applies The right was not extended to the states until 1968 in the case of Duncan v. Louisiana

8. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury  Subsequent decisions have restricted this right There is no Sixth Amendment constitutional right to a jury in noncriminal proceedings Known as the noncriminal proceeding rule

9. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury There is also an”petty crime” exception to the Sixth Amendment right to a jury trial In Baldwin v. New York the Court concluded that crime is petty if it has a punishment of less than six months (also known as the six-month rule) A defendant charged in a single proceeding with several petty crimes does not have a right to jury trial even if the maximum penalty for all offenses could exceed six months in prison

10. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury  Waiving the Right to a Jury Trial There are occasion where a defendant may wish to waive his or her right to a jury trial If the case is particularly inflammatory or is one with which the community is intimately familiar, then obtaining a fair jury may be difficult

11. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury Patton v. United States The waiver must be “express and intelligent” and voluntary Waiver of the right to a jury trial can be vetoed by the trial judge

12. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury  Selecting Prospective Jurors The process behind selecting an impartial jury is rather complicated A list of prospective jurors must be compiled The jury pool The requirements to serve vary from state to state Potential jurors are selected from the list A “panel” or “venire”

13. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury Once the jury panel is chosen, then voir dire commences Many defendants have appealed their convictions on the ground the jury list or jury panel were biased

14. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury Requires the defendant to prove three facts: The group alleged to be excluded is a “distinctive” group in the community The representation of this group in venires from which juries are selected is not fair and reasonable This underrepresentation is due to systematic exclusion of the group in the jury selection process

15. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury  The Voir Dire Process The process is concerned with the selection of jury members who can be “impartial” “Voir dire” means “to see what is said.” At this stage the judge, prosecutor, and defense have an opportunity to “hear” potential jurors for evidence of bias While the jury list or panel may be unbiased an highly representative of the community, the final jury may not be

16. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury There are three main steps to the voir dire process: Questioning by the judges concerns potential jurors’ familiarity with case, attitudes, demographic information, etc. Challenges for the cause is used by both the defense and prosecution to exclude potential jurors from service on the jury because of bias or a similar reason Peremptory challenges call for removal of potential jurors without any type of argument

17. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury TABLE 13–1 Voir Dire Processes by State for Courts of General Jurisdiction

18. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury Jury Decision-Making  Jury Size and Voting Requirements A twelve person jury is not a constitutional requirement Ballew v. Georgia found a five-member jury unconstitutional, so the appropriate size is between 6 and 12 members Juries do not have to return unanimous verdicts Guilt can be determined by less than a unanimous jury in certain jurisdictions

19. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury  Factors Affecting Jurors’ Decisions Juror decisions have been studied through the use of mock juries and the Capital Jury Project Four main set of factors: Procedural characteristics Juror characteristics Case characteristics Deliberation characteristics

20. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Jury  Jury Nullification/Vilification Jury nullification is the practice of either ignoring or misapplying the law in a certain situation Is jury nullification a problem? Jury vilification is when a jury may return verdicts that reflect prejudiced or bigoted community standards when the evidence does not warrant a convictions Exceptionally rare

21. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial Speedy Trial  There is no set standard as to what constitutes a “speedy” trial  In United States v. Ewell, the Court identified 3 advantages to a speedy trial: It prevents excessive incarceration It minimizes anxiety for the accused It prevents damage to the defendant’s case

22. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial  The Problem of Delay A number of factors contribute to delay, including an excess of crime and an under-funded criminal justice system Many states have enacted speedy trial laws The Federal Speedy Trial Act

23. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial  When the Right to a Speedy Trial Applies United States v. Marion The accusation rule  When the Right to a Speedy Trial is Violated Barker v. Wingo

24. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial The Court’s four-element test: Length of delay Reason for delay Defendant’s Assertion of his/her right Prejudice to the Defendant

25. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial The Public Trial  Closing Trials Used in an effort to minimize negative publicity Waller v. Georgia Estes v. Texas

26. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial  Alternatives to Trial Closure Voir dire Changes of venue Jury Gag orders

27. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial  Opening Statements Both of the attorneys summarize their case  Prosecutor’s Evidence Prove beyond a reasonable doubt (criminal)

28. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial Preponderance of evidence (civil) Types of evidence include direct, circumstantial, real, testimonial, demonstrative and material Witness testimony require witnesses to be competent and credible Prosecution performs direct examination on own witnesses

29. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial  Cross-Examination The opposing attorney questions the witness(s)  Redirect and Re-Cross Examination The process can go on as long as necessary

30. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial  Defense Response The main concern is with establishing reasonable doubt May utilize affirmative defense e.g. Alibi defenses and self-defense  Rebuttal A rebuttal witness will attempt to attack the credibility of the previous witness  Final Motions and Closing Arguments Prosecutors go first

31. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial  Judge’s Instructions to the Jury The judge will instruct the jury on basic legal principles, discuss the specific offenses in question, advise of standards and tests, and inform of the verdicts that can be selected

32. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial  Juror Deliberations Secretive and sequestered in order to preserve the jury’s neutrality and objectivity  Hung Juries  Occurs when a jury cannot reach a verdict and becomes deadlocked The result is generally a mistrial and a new trial will be held Allen charge

33. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial  Post-Verdict Motions If a defendant is acquitted, the trial ends Following a guilty verdict, there will be other hearings The next step, sentencing, occurs in a separate post-trial hearing Summary of Steps in a Criminal Trial (Figure 13-6)

34. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall The Trial (Insert Figure 13-6)