CJL 3510 Ch 13

gag order

A judge's order that lawyers, witnesses, or members of law enforcement not discuss the trial with outsiders.

hung jury

A jury that is unable to reach a verdict

master jury list

A list of potential jurors in a court's district, from which a representative cross section of the community in which a crime allegedly was committed can be selected for a trial. It is usually compiled from multiple sources, such as voter registration lists, driver's license lists, utility customer lists, and telephone directories. Also called "jury wheel" or "master wheel."

petty offense

A minor criminal offense that does not entitle the defendant to a trial by jury

motion for judgement of acquittal

A motion made by a criminal defendant at the close of the government's case (or at the close of all evidence) that asks a judge to enter a verdict of "not guilty" because no legally sufficient evidentiary basis has been established on which a reasonable jury could return a guilty verdict.

opening statement

Address made by attorneys for both parties at the beginning of a trial in which they outline for the jury what they intend to prove in their case.

Identify the steps in a criminal trial.

After a jury is selected through the voir dire process, the prosecution and then the defense usually deliver their respective opening statements. The prosecution then calls witnesses and conducts direct examination of its witnesses, some of whom will introduce physical or scientific evidence. The defense has the opportunity to cross-examine each of the prosecution's witnesses. When the prosecution rests, the defense may call its witnesses and introduce its evidence. The prosecution then has the opportunity to cross-examine the defense witnesses. At the conclusion of the trial, both parties make closing arguments. The judge instructs the jury with regard to the applicable law and then the jury deliberates unit it reaches a verdict.

circumstantial evidence

An indirect method of proving the material facts of a case; testimony that is not based on the witness's personal observation of the material events.

hearsay

An out-of-court assertion or statement, made by someone other than the testifying witness, which is offered to prove the truth of testimony. Hearsay evidence is excluded from trials unless it falls within one of the recognized exceptions and does not otherwise violate the Sixth Amendment's Confrontation Clause.

evidence

Any kind of proof offered to establish the existence or nonexistence of a fact in dispute- for example, testimony writings, other materials, objects, or demonstrations.

cross-examination

At trial, the questions of one attorney put to a witness called by the opposing attorney

Evaluate the impact of differences in jury size and unanimity requirements.

Common law juries have consisted of 12 people since the 14th century, The Supreme Court, however, authorized smaller juries in noncapital cases, but juries with less than 6 members are not ruling, many states have specifically authorized juries of fewer than 12 jurors, but most allow these smaller juries only in misdemeanor cases. Some studies have found very few differences between 6 and 12 person juries, while others have reported significant differences.

jury instructions

Directions given by a judge to the members of the jury informing them of the law applicable to the case.

demonstrative evidence

Evidence created for demonstration purposes at trial such as photos, maps and computer simulations.

direct evidence

Evidence derived from one or more of the five senses

extralegal factors

Factors, such as race, ethnicity, sex, and socioeconomic status, that are associated with differential treatment by the criminal justice system even though they are not supposed to affect case processing, outcomes, and sentencing

self-incrimination

Forcing a suspect to provide evidence against himself or herself; prohibited by the Fifth Amendment

voir dire

French legal phrase meaning "to speak the truth." The process by which prospective jurors are questioned to determine whether there is cause to excuse them from the jury.

Analyze how special limitations on expert witnesses affect the litigation of criminal cases, especially with regard to leading types of forensic evidence.

Historically, and in some jurisdictions even today, expert today testimony had to be based on scientific facts that were generally accepted in the relevant scientific community. However, under the Daubert standard, reliability is the linchpin to admissibility. Because the reliability of a number of forensic techniques is unknown, the continued use of these techniques has been called into question.

Discuss the function of jury consultants in the process of scientific jury selection.

Jury consultants use social scientific research methods to profile jurors in an attempt to help attorneys select members of the venire for petit jury service who are likely to be predisposed to their side of the case.

tabula rasa

Latin for "blank slate," it is largely discredited view of jury decision making that posits that jurors come to trials without any preconceived notions that would interfere with their abilities to deliberate to a verdict based solely on the evidence presented in court.

charging conference

Meeting attended by judge, prosecutor, and defense attorney during which the judge's instructions to the jury are discussed.

challenge for cause

Method for excusing a potential juror because of specific reasons such as bias or prejudgment; can be granted only by the judge.

peremptory challenge

Method for excusing a potential juror without cause, so long as the reasons for doing so are not based on racial or gender discrimination.

real evidence

Objects, such as fingerprints, seen by the jury

Summarize the basic rules of evidence concerning trustworthiness and relevance of evidence.

Only relevant evidence is admitted at trial- evidence that tends to prove or disprove a fact in dispute. Relevance, however, is not enough. Evidence must also be reliable. Thus, hearsay evidence, lay opinion, speculative testimony, and copies of documents (when originals are available) are generally all inadmissible.

Explain how a jury is summoned and selected, including the constitutional limitations on these processes.

Potential jurors are summoned to court using master jury lists. The people who are summoned, called the "venire," come to court to participate in voir dire, a process designed to select a fair and impartial petit jury by asking members of the venire about potential biases concerning the case. Those who cannot serve as fair and impartial jurors are excused for cause. A few other members of the venire may be excused by either party using peremptory challenges so long as these challenges are not used in a discriminatory manner that violates the constitutional guarantee of equal protection.

prejudicial pretrial publicity

Prejudicial information, often inadmissible at trial, that is circulated by the news media before a trial and that reduces the defendant's chances of a trial before a impartial jury.

presumption of innocence

Presumption that whenever a person is charged with a crime, he or she is innocent until proven guilty. The defendant is presumed to be innocent, and the burden is on the state to prove guilt beyond a reasonable doubt

Describe the effects and implications of pretrial publicity and the solutions that courts use to prevent those effects from influencing a criminal trial.

Pretrial publicity can taint the potential jury pool by exposing them to information that is inaccurate or inadmissible as evidence. When that occurs, the defendant may be deprived of his or her Sixth Amendment right to a fair and impartial jury. To reduce the chances of the media tainting potential jurors, judges may issue limited gag order forbidding those involved in the case- police, prosecutor, defense attorney, and defendant- from talking to the press. But even still venire members may have heard media reports that could have influenced their views on a case. The voir dire process is supposed to screen out potential jurors who have already been tainted. In high-profile cases, a change of venue might be necessary to find a pool of potential jurors who could render a fair and impartial verdict, free from the taint of pretrial publicity. During a trial, however, courts routinely instruct jurors not to read newspapers, magazines, or watch television news shows that may report on the trial. Sometimes, to shield jurors from such media influence, the jury may be sequestered.

jury consultants

Professionals who assist lawyers in selecting juries through the use of behavioral scientific principles and techniques.

rules of evidence

Rules that govern whether, when, how, and for what purposes certain forms of proof may be placed before the trier-of-fact for consideration at a hearing or trial.

closing argument

Statement made by an attorney at the end of the presentation of evidence in which the attorney summarizes the case for the jury.

irrelevant

Testimony that has no bearing on the issue of a trial

objection

The act of taking exception to a statement or procedure during a trial.

jury deliberations

The action of a jury in determining the guilt or innocence, or the sentence, of a defendant.

chain of custody

The chronological documentation of the seizure, control, transfer, analysis, and disposition of evidence.

contempt of court

The failure or refusal to obey a court order may be punished by a fine or imprisonment

jury nullification

The idea that juries have the right to refuse to apply the law in criminal cases despite facts that leave no reasonable doubt that the law was violated.

rebuttal

The introduction of contradictory evidence

burden of persuasion

The level or quantum of evidence necessary to convince a judge or jury of the existence of some fact in dispute. In criminal case, the prosecution bears the burden of persuasion to prove each and every element of crime beyond a reasonable doubt.

CSI effect

The phenomenon in which technology has heighten juror expectations and demands for scientific evidence. Anecdotal evidence suggests that this effect causes jurors to wrongfully acquit guilty defendants when no scientific evidence is presented, a claim not supported by empirical research.

direct examination

The questioning of witnesses, using primarily open-ended questions, to adduce evidence as part of a party's case-in-chief

presumption of sanity

The rebuttal presumption that a criminal defendant was legally sane at the time of the commission of the crime(s) for which he or she is charged. To overcome this presumption, most US jurisdictions require the defense to prove that the defendant was insane by clear and convincing evidence.

change of venue

The removal of a case from one jurisdiction to another. It is usually granted if the court believes that, due to prejudice, a defendant cannot receive a fair trial in the area where the crime occurred.

burden of proof

The requirement to introduce evidence to prove an alleged fact or set of facts.

burden of production

The responsibility of a party in a legal action to introduce sufficient evidence in support of an assertion such that a factual decision needs to be made at a trial or hearing to determine the truth of the assertion, as opposed to having a court summarily reject the assertion on the grounds of insufficient proof.

Analyze the scope of the right to a trial by jury in a criminal case.

The right to a trial by jury applies to all nonpetty criminal offenses, usually interpreted as offenses punishable by a term of imprisonment of six months or more. The right may be waived by a defendant, who may opt for a bench trial in lieu of a jury trial.

Trace the history of trials by jury.

The right to a trial by jury can be traced to the Magna Carta in 1215. This right was incorporated into Article III, Section 2, of the US Constitution with respect to the federal government, and in the Sixth Amendment, with respect to the states.

reasonable doubt

The state of mind of jurors when they are not firmly convinced of a defendant's guilt because they think there is a real possibility that he or she is not guilty.

Distinguish between the presumptions that apply at the start of trials and the burdens of proof applicable to overcoming them.

The two presumptions that apply to every criminal trial are the presumption of innocence and the presumption of sanity. It is the responsibility of the prosecution of sanity. It is the responsibility of the prosecution to introduce sufficient evidence over the course of a trial to overcome or rebut the presumption of innocence by proving a defendant's guilty beyond a reasonable doubt. In insanity defense cases, the defense usually must prove that the defendant was insane at the time of the commission of a crime by clear and convincing evidence.

scientific jury selection

The use of social scientific techniques and expertise to select venirepersons to serve as petit jurors who are likely to be favorably disposed to one's side of a case.

sequester

To isolate members of a jury from the community until they have reached a final verdict

impeach

To question the truthfulness of a witness's testimony

venire

a group of citizens from which members of the jury are chosen

summons

a legal document ordering an individual to appear in court at a certain time on a certain date.

petit jury

a trial jury, as distinguished from a grand jury

Allen charge

a type of jury instruction in which a judge strongly encourages deadlocked jurors to continue deliberations until a verdict is reached.

mistrial

invalid trial

alternate jurors

jurors chosen in excess of the minimum number needed, in case one or more jurors is unable to serve for the entire trial.

best-evidence rule

rule requiring that someone coming into court must bring the best available original evidence to prove the questions involved in the case.

statutory exemptions

rules adopted by legislatures exempting certain types of persons or occupations from jury duty.

verdict

the decision of a trial court

acquittal

the decision of the judge or jury that the defendant is not guilty.

scientific evidence

the formal results of forensic investigatory and scientific techniques.

testimonial evidence

the giving of evidence by a witness under oath

bench trial

trial before a judge without a jury

postverdict motions

various motions made by the defense after a jury conviction in hopes of gaining a new trial.