Trial

Question 1

How many jurors will seve on a jury?

Answer 1

• If noncapital case, 6 jurors.
• If capital case, 12 jurors.

A defendant can waive a six-person jury if the waiver is KIV + on record.

Question 2

Alternate Jurors

Answer 2

Alternates are discharged (not excused) before the jury deliberates unless they replace a juror.

In capital cases, alternates are excused then but may have to return for an additional hearing if the defendant is convicted of the capital offense.

Question 3

Requirements to be a juror

Answer 3

• At least 18-years old
• U.S. citizen who resides in Florida
  
  • Panel must not invidiously exclude any identifiable group but need not include particular groups.

Question 4

Challenge for cause

Answer 4

Challenges for cause include:

• Legal or factual incompetence;
• Relationship to the parties or the case
• Prejudice

The moving party must state grounds for challenge

Question 5

Peremptory Challenges

Answer 5

• Each sides gets a limited number of peremptory challenges for which no reason need be given.
  
  • If capital or life felonies → 10 peremptory challenges
  • If other felonies → 6 peremptory challenges
  • If misdemeanors → 3 peremptory challenges
• For jointly tried defendandants, each gets the regular number, and the state gets the sum for all defendants.
• Peremptory challenges may not be used to exclude persons of a particular sex or racial group or any other group subject to strict scrutiny.

Question 6

What are the requirements to preserve a claim that the trial court should have excused a particular juror for cause?

Answer 6

1. Defendant must object to the juror
2. Exhaust all peremptory challenges
3. Request additional peremptory challenges and be denied
4. Identify a specific juror that he would have excused if possible.

Question 7

Jury Sequestration

Answer 7

Trial judge may order jury sequestration if a condition such as massive publicity could affect the fair-mindedness of the jurors.

Sequestration lasts until jurors render their verdict.

Question 8

What is the Order of Trial?

Answer 8

1. State’s opening statements
2. Defendant’s opening statement (may be reserved until the beginning of defendant’s case)
3. State’s case
4. Defendant’s case
5. State’s rebuttal
6. Charge conference to determine jury instructions; and
7. Three closing arguments (state’s closing arguments, defendant’s reply and, if defendant replies, state’s rebuttal).

Question 9

Jury Instructions

Answer 9

• Florida standard instructions should be used in criminal cases unless erroneous or inapplicable.
  
  • Either side may propose additional jury instructions.
• Objections to instructions are waived UNLESS:
  
  • Made on the record
  • Before the jury retires.
• Instructions are given orally, but the judge must provide the jury with written instructions to take into the jury room as well.

Question 10

Jury Deliberations

Answer 10

• Jurors select a foreman to preside over deliberations.
  
  • Courts must provide the jurors wirtetn copy of all jury instructions given.
  • Jurors may take into the jury room any materials in evidence, copies of the charging instrument, and vertdict forms.
  • Any testimony read or plaed back must be done in open court in the presence of all parties.

Question 11

Jury Verdicts

Answer 11

• Jury verdicts must be unanimous.
• The judge may poll the jurors individually to ensure that there is no dissent.
• The verdict should include finding for each count for each defenant and should find the degree of each offense.
• Jurors may convict or acquit one defendant, while remaining hung as to any other.

Question 12

Motion for Judgement of Acquittal

Answer 12

• Equivalent to a civil motion for a directed verdict.
• May be made at the close of the state’s case.
• The motion may also be made post-trail within 10 days of a guilty verdict or mistrail.

Question 13

Deadline to bring a motion for new trial?

Answer 13

A motion for a new trial may be made within 10 days after the defendant is found guilty.

Question 14

When must a trial grant a new trial on per se grounds?

Answer 14

1. Jurors decide the case by lot
2. The verdict is contrary to the law or the weight of the evidence; or
3. New, previously undiscoverable evidence would probable change the out

Question 15

When must defendant prove prejudice in order for a trial court to grant a motion for new trial?

Answer 15

1. Jury received evidence out of court
2. Jurors separated without permission during deliberations
3. Juror or the prosecutor was guilty of misconduct
4. The judge ruled incorrectly on the law during trial or gave the jury an incorrect instruction; or
5. Defendant, for any reason not due to his own fault did not receive a fair trial.

Question 16

Motion in Arrest of Judgment

Answer 16

• Motion in Arrest of Judgment must be filed within 10 days after defendant is found guilty
• Available grounds include:
  
  • Fatal defects in charging instrument
  • Lack of jurisdiction
  • Conviction by the jury of an offense not under the charging instrument

Question 17

Motion to Interview Juror

Answer 17

A party who has reason to believe that the verdict may be subject to legal challenge may move, within 10 days after rendition of the verdict, for an order permitting an interview with a juror or jurors.

Question 18

Judgment

Answer 18

Judgment is the adjudication by the court that defendant is guilty or not guilty.

• Upon judgement of guilt, defendant must be advised of her right to appeal.

Question 19

Post-Trial Release

Answer 19

• Discretionary
• For noncapital offenses for which bail is not prohibited
• Appeal must be in good faith and not frivolous

Question 20

Presentence Investigative Report (PSI)

Answer 20

• Trial judge may request a PSI when she has discretion as to what sentence to impost.
• PSI is mandatory for a defendant who will be imprisoned for his first felony or for a juvenile who commits a felony.
• The judge must disclose all factual matters to both sides prior to sentencing.
• If the court orders the defendant to submit to mental or physical exams for sentencing purposes, reports from the exams must be disclosed to the parties.
  
  • Not necessary when judge places defendant on probation.
    
    • But necessary when such defendant to prison for violation of probation.