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Week 14 Notes

by: Alyssa Hendrixson

Week 14 Notes CJ 461

Alyssa Hendrixson
GPA 3.0
Criminal Law II
Daniel Clay

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Criminal Law II
Daniel Clay
Class Notes
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This 0 page Class Notes was uploaded by Alyssa Hendrixson on Thursday November 19, 2015. The Class Notes belongs to CJ 461 at University of Alabama - Tuscaloosa taught by Daniel Clay in Summer 2015. Since its upload, it has received 29 views. For similar materials see Criminal Law II in Criminal Justice at University of Alabama - Tuscaloosa.

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Date Created: 11/19/15
The Jury Trial Constitutional right to a jury 0 Article III Section 2 The trail of al crimes shall be by jury a trial shall be held in the state where said crimes have been committed 0 6th Amendment 0 14th Amendment 0 Limitations on the right to a jury o Dies not apply to petty offenses Blanton v City of North Las Vegas 1989 0 Several 6 month charges Severity considerations 0 US V Nachtigal 1993 0 Lewis v US Several 6 month charges 0 Codispoti v Pennsylvania 1974 Criminal contempt proceeding depend on actual sentence 0 Number of jurors Thompson v Utah 0 12 people on a jury Williams v Florida 0 6 people on a jury o Ballew v Georgia 1978 5 people on a jury Court said no 0 6 people is enough 0 Jury selection 0 Jury venire requirements Random selection Nondiscrimination Subject to exemptions Equal protection clause applies Proved by rule of exclusion 0 Defense must show substantial underrepresentation 0 Government then must show it did no intentionally discriminate and underrepresentation is due to other factors ie registrations Fair crosssection of the community 0 Theoretically prevents jury stacking 0 Challenges Distinctive group is excluded Representation is not fair and reasonable Underrepresentation is a result of systematic exclusion Intent is not relevant o Voir Dire Judge or lawyers or both conduct questioning Look at specific requirements articulated in o Ham v South Carolina 1973 o Rosales Lopez v US 1981 o Turner v Murray 1989 Answers can result in juror exclusion Preemptory challenges no reason 0 Cannot be used in a discriminatory fashion Baston Test 0 Challenges for cause biasprejudice o Ultimately judge s decision Death qualified juries Bifurcated Trials 0 For cause exclusion of the morally opposed o Historically applied to the sentencing phase 0 Lockhart v McCree 1986 0 Related Trial Rights 0 Public Trial Derives from the Star Chamber 0 FICA Courts Applies to all hearing and phases of the trial reasonably substantial to the defendant s defense against the criminal charges In some situations the public may be excluded 0 Press may be excluded at PC hearing if prejudicial The defendant does not have an absolute right to attend his own trial o If disruptive may be removed and allows to watch in CCTV Other restraint mechanisms may be too prejudicial o Shackles with a table cloth JuvenHes o The trial rights 0 Opening statements 0 Presentation of evidence Prosecution s caseinchief Direct examination Cross examination 0 6th amendment confrontation clause 0 Not necessarily facetoface children Hearsay 0 Generally excluded no confrontation o Testimonial statements of someone no longer available ie dead may be admitted Must have had opportunity to X o Nontestimonial statements admissible When not taken to gather evidence 0 Closing arguments 0 Jury instructions Beyond a reasonable doubt Burden of proof vs burden of persuasion 0 Jury deliberations Must occur for a reasonable amount of time before declaring a mistrial The AllenDynamite Charge proportions and holdouts Jury may be polled Jury unanimity Required at the federal level 0 28 states require unanimity tipping point Jury nullification


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