JURY DUTY. “Trial of all crimes… shall be by jury.” Article III, Section 2 “In all criminal prosecutions, the accused shall enjoy the right to a speedy.

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Presentation transcript:

JURY DUTY

“Trial of all crimes… shall be by jury.” Article III, Section 2 “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.” Amendment V “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.” Amendment VII The United States Constitution says:

What or who is…  An impartial  Twelve person body  Made up of defendant’s peers  Which is the trier of fact  A citizen of the United States,  Who is also a resident of the jurisdiction,  Is at least 18 years old,  And able to communicate in English A jury?A jury member?

What is the jury’s job?  Hear/See testimony and evidence in a trial, deliberate and render a verdict.

How and when do jurors serve?  Potential jurors receive a summons from the court and are entered into the jury pool.  Selected jurors are then empanelled to hear a case.

Can you be excused?  YES.  Jurors may be excused if: Serving on jury duty poses an unusual hardship. An illness prevents you from doing a good job. A disability which the court cannot accommodate prevents you from serving  BUT…  You must request to be excused. A failure to appear when summoned is a misdemeanor.

“The truth” + “To speak”= “To speak the truth” VOIR DIRE

How jurors are selected  The attorneys ask jurors questions to discover biases of the jurors.  Jurors may be removed:  For Cause- If juror says or otherwise expresses a bias.  Through Peremptory Challenge - No reason is required. However: Neither side is allowed to exercise a peremptory challenge based on the race or gender of a prospective juror. Batson v. Kentucky, 476 U.S. 79 (1986)

Activity- Selecting a jury  Read through the scenario and facts of the case.  Read through the potential jurors’ profiles.  With a partner-  Come up with five questions you would want to ask potential jurors as the attorney for each side of the case.  Make a list of the jurors you would want to challenge and why. Remember: You must leave 14 jurors. (12 jurors and 2 alternates)