judges and juries

Question 1

6th amendment

Answer 1

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.

Question 2

article III section II

Answer 2

the trial of all crimes, except cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed

Question 3

7th amendment

Answer 3

While the 7th Amendment recognizes the right to juries in civil cases in federal court, no such right was ever extended to the states.

Question 4

jury functions

Answer 4

“triers of fact” who determine guilt of the criminal side and liability on the civil side.
determine the damages in civil matters (rarely determine punishment in criminal cases except in capital cases
protect against arbitrary actions by court officials, in particular prosecutors
lend credibility by representing the community in a system otherwise dominated by a small group of professionals
educational value of serving on jury
evidence suggests that participation on a jury increases the likelihood of voting.

Question 5

voir dire

Answer 5

the questioning of prospective jurors by a judge and attorneys in court

Question 6

master wheel

Answer 6

figurative term designating all names being randomly selected directly from official source lists

Question 7

venire

Answer 7

panel of possible jurors

Question 8

petit jury

Answer 8

decide on both criminal and civil cases

Question 9

voire dire challenges

Answer 9

“for cause” challenges
Unlimited
Reason has to be stated why person shouldn’t be permitted to sit on jury

“peremptory challenge”
limited in number
attorney need not give any reason for using them
But cannot eliminate individuals based on race or gender.

Question 10

limits of judge discretion

Answer 10

Courtroom work group
Precedent and due process
Public Opinion in states with judicial elections
Public Opinion in states and federal government without judicial elections - how so?
Concern with being overturned on appeal

Question 11

judge election systems

Answer 11

Partisan and non-partisan elections
Merit system
Involves committee, governor and then retention election
Appointment (Legislative or Gubernatorial)

Question 12

retention election

Answer 12

retention election is a type of election where voters are asked whether an incumbent judge should remain in office for another term.