courts week 11 notes
courts week 11 notes Crju 3700
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This 4 page Class Notes was uploaded by Khaila Coissiere on Thursday March 31, 2016. The Class Notes belongs to Crju 3700 at Georgia State University taught by Prof Johnson in Winter 2016. Since its upload, it has received 12 views. For similar materials see American criminal court in Criminal Justice at Georgia State University.
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Date Created: 03/31/16
Chapter 13 – Trials and Juries th Tuesday, March 22th & Thursday, March 24 History of Trials by Jury Purpose? To prevent oppression by the government and provide the accused a "safeguard against the corrupt or overzealous prosecutor and against the complaint, biased, or electric judge" English Roots o Magna Carta 1215 Colonial Developments o Transferred to the colonies o Written in the Constitution Article III, Section 2 6th amendment 7th amendment The Constitution & Trial by Jury Scope of the right to a trial by jury o Not all persons have the right Jury size o Usually 6 or 12 person panels Unanimity o Historically required since 14th century o Federal criminal charges o States vary Exceptions: LA, MO, OR, OK, TX Selecting a Fair & Unbiased Jury Master jury list (advantages/disadvantages) o Voter registration list o Telephone directories o Utility company lists o Driver's license lists Venire (jury pool) o Randomly selected people are summoned o Representative & impartial cross-section of the community o Not all persons summoned will be chosen to serve o Statutory exemptions may exclude people Voir dire (jury selection) o Preliminary examination of a prospective juror o Challenge for cause o Peremptory challenge Serving on a Jury Alternate jurors o Regular jurors may be excused through process o Overall satisfaction for serving on jury o Focus on reducing inconvenience of jury duty o 1/3 Americans will serve on jury Presumptions and the Burden of Proof Chapter 13 – Trials and Juries th Tuesday, March 22th & Thursday, March 24 Presumption of innocence Presumption of sanity o May be rebutted by defense State's burden of proof o Beyond a reasonable doubt Overview of Basic Evidence Types of evidence o Real evidence - physical objects of any kind o Testimony - someone gets on the stand and tells their story under oath o Direct vs. circumstantial evidence - first hand evidence that does not require any inferences to be drawn in order to establish a proposition of fact vs. indirect evidence - to reach a conclusion trier-of-fact would have to reason through circumstantial evidence and infer the existence of some fact in dispute o Scientific - formal results of forensic investigatory and scientific techniques o Demonstrative - visual or auditory aid to assist the fact-finder in understanding the evidence Rules of Evidence o Trustworthiness Best-evidence rule Hearsay rule Generally inadmissible, but many exceptions o relevance Must be valid reason for introducing the statement, object, or testimony Scientific evidence o General acceptance test Frye v. US (1923) o Relevant and reliable Daubert v. Merrell Dow Pharmaceuticals Co. (1993) Challenging scientific evidence on cross-examination and via objections and motions o The way the evidence was gathered, preserved, and analyzed o CSI effect o "junk science" CSI Effect Jurors wrongfully acquit guilty defendants when no scientific evidence is presented Has people believing many misconceptions Thursdays Notes Start Steps in Trial Process Opening statements here Prosecutor’s case-in-chief o Direct o Cross Chapter 13 – Trials and Juries th Tuesday, March 22th & Thursday, March 24 o Motion for judgment of acquittal Defense presents its case (optional) o Direct o Cross o Renewed motion Rebuttal Closing statements Prosecution's Rebuttal To clarify cloudy areas To impeach/discredit a witness o Prior inconsistent statements o Dishonorable reputations o Explore bias o Highlight convictions based on truth and veracity Closing Arguments ("Sandwich") Prosecutor o Ties up the facts, argues for verdict of guilty Defense attorney o Highlights evidence favorable to the defendant, criticizes the state's witnesses, asks jurors to return a not guilty verdict Prosecutor o Burden of proof allows prosecutor last say Jury Instructions General legal instructions Instructions specific to the case Possible verdicts Charging conference Jury Deliberations What really goes on? What motivates a jury? o Juries usually vote as soon as they retire to jury room o 90% of the time the original majority wins o Hung juries are rare The Allen charge Are juries biased? The Verdict Federal courts o Non-drug case juries convict 82% of the time States o Juries convict 2/3 of the time in criminal cases Judges vs. Juries o Juries convict felons more than judges o Judges convict non-felons more than juries Post-Verdict Motions Chapter 13 – Trials and Juries th Tuesday, March 22th & Thursday, March 24 Acquittal o Ends the case, defendant goes home Guilty o Motion for a new trial o Mostly a formality, few are ever granted Prejudicial Pretrial Publicity Few criminal trials involve pretrial publicity Celebrated cases Reconciling fair trials with 1st amendment freedom of the press Ways court manage the taint Contempt