TRIALS AND JURIES 

I.          Trial by jury has a long history.

            A.        The first juries were used in ancient Greece, then in Rome, then France.

B.        The English Magna Carta in 1215 recognized a right to a jury trial by peers.

            C.        Jury trials mentioned three times in U.S. Constitution.

            D.        Sixth Amendment right to jury trial applies in both state and federal c                              courts.

1.         Right exists only if offense serious (possible sentence of more than six months incarceration)

                        2.         Does not require 12 jurors or unanimous verdicts

II.        Selecting a jury involves a number of steps.

A.                 Potential jurors selected randomly from master list and summoned to courthouse.

B.                 Some jurors excused because of statutory exemptions.

C.                 Attorneys and/or judge questions jurors (voir dire)

1.                  Attempt to find out about bias, prejudice, etc.

2.                  Attorneys attempt to educate jurors

D.                Potential jurors eliminated by 2 types of challenges

1.                  Challenge for cause—juror cannot be fair

2.                  Peremptory challenge—no justification required

III.       After the jury is selected the trial moves through a number of formal steps.

A.                 Opening statements by attorneys

B.                 Prosecution presents case

1.                  Defendant has presumption of innocence.

2.                  Prosecution must prove guilty beyond reasonable doubt.

C.                 Both sides present evidence but are limited by rules of evidence that attempt to exclude evidence which is not trustworthy.

D.                Each side can object to admission of the other side’s evidence and cross-examine the other side’s witnesses.

E.                 The Fifth Amendment gives the defendant a privilege not to testify.

F.                  Each side has an opportunity to present rebuttal evidence that challenges the opponent’s evidence.

G.                After all evidence is in, attorneys make closing arguments.

H.                Judge instructs jury on law relevant to case.

I.                   Jury deliberates and announces verdict or hangs.

J.                  If convicted, defendant has opportunity to file post-verdict motions to set aside conviction.

IV.       The behavior of juries has been researched and evaluated.

A.                 Overall jurors appear to be fair and impartial.

B.                 Jurors convict in 82% of federal cases and around two-thirds of state cases.

1.                  This does not necessarily indicate bias, as most of the weak cases have been screened out.

2.                  Research shows that judges and juries agree about three-fourths of the time.

V.        Pretrial publicity can make obtaining an impartial jury and fair trial difficult.

A.        Public and media have First Amendment rights that must be balanced against defendant’s right to fair trial.

            B.        Judges have a number of options.

                        1.         Gag order prohibiting those involved from providing information t                                                to media

                        2.         Move trial to another location (change of venue)

                        3.         Sequester (isolate) jury and keep them together