A.    Criminal Law in a procedural Context: Trial by jury

 

Ø  Basis: US Constitution, “in all criminal prosecution, the accused shall enjoy the right to a SPEEDY and PUBLIC TRIAL, by an IMPARTIAL JURY.”

 

Ø  The right includes: the right to have the jury rather than the judge, reach the requisite finding of guilt in all prosecutions for which the maximum potential punishment exceeds incarceration of 6 months.

 

Ø  Purpose: To prevent oppression by the Government. It protects the accused from corrupt or overzealous prosecutor and from the hand of biased or eccentric judge.

- To defend against exercises of arbitrary power of the Government and to make available to defendants the common-sense judgment of the community.

Ø  JURY Composition:

§  FEDERAL and most STATE

–      12 persons who must reached a unanimous verdict to acquit or to convict.

–      6 persons are constitutionally permissible

–      non-unanimous verdict may be permissible provided substantial majority vote

–      Juror must be impartial (determines through voir dire)

    
 Ø  Important terms to understand:

 

Voir dire - is the opportunity to examine the jurors before their appointment as regards to their integrity and balanced approach.

 

Note: Defense and prosecutor are entitle to exercise peremptory challenges

 

Peremptory challenges – allow the parties to exclude persons from the jury whom they believed are biased but whose partiality was not adequately proven through the voir dire.