Right to Jury Trial

Question 1

What amendment gives the right to a trial by jury?

Answer 1

6th Amendment - “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury”

Question 2

When, in actuality, does the supreme court say there is a right to trial?

Answer 2

One has a right to trial for non-petty offenses or petty offenses with serious consequences

Question 3

When is an offense considered Petty?

Answer 3

An offense has a presumption of pettiness when it’s maximum possible punishment is no more than 6 months

Blankton

Question 4

How can the Presumption of Pettiness be rebutted for offenses?

Answer 4

By showing the offense carries serious consequences

Question 5

Factors Considered to rebut the presumption of pettiness?

Answer 5

1. Legislative Intent
2. Possible Immigration Consequences

Jean-Baptiste Bado v US

Question 6

Is there a constitutional right to waive a Jury Trial?

Answer 6

No. However, It may be waived with consent of the government and court in Federal Court - Patton v. United States

Singer; Patton v United States

Question 7

What are the stages of picking a Petit Jury?

Answer 7

Potential Jury Pool - > Qualified Wheel -> Jury Venire (random picks) -> Petit Jury

Question 8

What are the requirements for a Petit Jury?

Answer 8

1. Must be more than six (Burch)
2. Must have a unanimous verdict (Ramos)
3. Must be impartial (6th am.)

Question 9

Who is eligible for Jury Service?

Answer 9

Citizens, Residents, Adults, Non-felons

Question 10

Who makes up the Qualified Wheel during the jury selection process?

Answer 10

All those eligible for jury service

Question 11

How is the Jury Venire selected?

Answer 11

Random selection from the Qualified Wheel

Question 12

What challenge can the defendant raise, if they believe there was partiality in the jury venire selection process?

Answer 12

A Fair Cross Section Challenge

Duren

Question 13

What is required for a successful Fair Cross Section Challenge?

Answer 13

1. Show that the group excluded is a “distinctive” group in the community (e.g. race or gender)
2. Show the representation of this group in venirs is not fair and reasonable in relation to the number of such person in the community
3. The group’s underrepresentation was caused by systematic exclusion during jury-selection (doesn’t need to be intentional)

Duren

Question 14

How can the prima facie showing of a fair cross section violation be rebutted?

Answer 14

The state must show that a significant state interest is advanced by the selection process that led to the violation

Duren

Question 15

What challenge can the defendant raise, if they believe there was partiality in the petit jury selection process?

Answer 15

1. Batson - Race
2. JEB - Gender
3. Hernandez - Ethnicity

Question 16

How is the Petit Jury Selected?

Answer 16

The Jury Venire is Voir Dire’d and both counsel exercise strikes to prevent a juror from being seated

Question 17

What are the types of Strikes used in Jury Selection

Answer 17

Pre-emptory Strikes and For Cause Strikes

Question 18

When can For Cause Strikes be used?

Answer 18

To strike jurors the attorney believes cannot be impartial during the proceedings

Question 19

How many for cause strikes do a party have?

Answer 19

Unlimited

Question 20

When can peremptory strikes be used?

Answer 20

Whenever. There is no burden on the party to explain why they are using it

Question 21

How many peremptory strikes can be used for a trial by each party?

Answer 21

It Depends

Changes by jurisdiction

Question 22

What are the steps for making a Batson challenge?

Answer 22

1. The Moving party establishes a prima facie showing of discriminatory selection/striking by showing the opposing party used peremptory challenges against an individual from a cognizable racial group
2. Burden Shifts to the opposing party to offer a race-neutral explanation for why they struck the jurors
3. The court decides if the moving party has established impartiality by a preponderance

Batson

Question 23

Examples of Factors a court considers when deciding a Batson Challenge

Answer 23

• Statistical evidence of a party’s behaviour in the case
• Evidence of disparate questioning
• Comparison of struck jurors to jurors who were not struck
• Striking party’s misrepresentations of the record (misrepresenting what the jurors say)
• Relevant history of behaviour in the past
• The Court in Flowers says the best evidence of discriminatory intent often will be the demeanour of the attorney who exercises the challenge

Flowers

Question 24

Can you raise a Batson Challenge for Discrimination based on Age, Marital Status or Disability?

Answer 24

No

Question 25

What is the Remedy for a successful Batson Challenge?

Answer 25

• On Appeal - Vacated Conviction and Remand for new trial
• During Trial - Seating of Juror or Mistrial