Juries Study Notes

JURIES

  • Introduction

    • Juries are an essential component of the legal system.

    • General excitement expressed with "Hooray!"

QUICK REVIEW: Legal Processes Before Trial

  • Multiple Steps:

    • Arrest

    • Charges Filed

    • Pretrial Detention

    • Bail Review Hearing

BAIL: ETHICAL ISSUES

The Kalief Browder Story

  • Addresses the financial and ethical implications of bail.

Path from Arrest to Pretrial Detention

  1. Arrested: Charged and booked into the system.

  2. Bail Bond Set: Determination of financial requirements for release.

    • Statistics:

      • Total individuals involved: 100

      • Detained pretrial: 4 individuals.

      • Detained for financial reasons: 34 individuals.

      • Financially released: 38 individuals.

      • Non-financial release: 24 individuals.

GUIDING QUESTION

  • ARE JURIES COMPETENT?

SUNDANCE DOCUMENTARY CONTEXT

  • Notable Film Festivals:

    • Sundance

    • SilverDocs Documentary Film Festival

  • Important Documentaries Mentioned:

    • Hot Coffee

    • Is Justice Being Served?

    • The People vs. O.J. Simpson

TRIAL PROCESS

  • Types of Trials:

    1. Criminal Trials:

      • Prosecution vs. Defense:

      • Definition: Criminal charges brought against a defendant.

      • Standard of Proof: Guilt must be established beyond a reasonable doubt.

    2. Civil Trials:

      • Plaintiff vs. Defendant:

      • Definition: Plaintiff seeks damages due to losses caused by the Defendant’s actions.

      • Standard of Proof: Liability determined by the preponderance of evidence standard.

THE EARLY JURY

  • Definition: A jury typically comprised of a subset of individuals from the local community.

  • Important Note: Not designed to maintain neutrality or be unbiased.

JURIES AND REPRESENTATIVENESS

Major Issue: Representativeness

  • Key Legislation:

    1. Jury Selection and Service Act of 1968

    2. Taylor v. Louisiana (1975):

      • Requirements for federal and state courts to assemble juries that represent a "fair cross-section of the community."

ARE HETEROGENEOUS JURIES BETTER?

  • Research Findings:

    • Juries composed of diverse members are superior problem solvers compared to homogeneous juries (Sommers, 2002, 2006).

    • Advantages:

      • Analyze facts from multiple points of view.

      • Engage in longer and more thorough deliberations.

      • Discuss racially charged topics more effectively.

      • Address and consider a broader range of facts about the case.

      • Increased awareness regarding racial issues relevant to the case.

CHALLENGES TO ACHIEVING REPRESENTATIVENESS

  • Understanding the Gap:

    • While there are twelve jurors, diversity is often lacking.

    • Main obstacles:

      1. Jury Selection Processes:

        • Issues within pools and the process known as voir dire.

      2. Scientific Jury Selection methodologies.

HOW ARE JURIES PICKED?

STEP 1: Jury Pool ("venire")

  • Definition: A group gathered from voter registration lists and, in some states, from additional sources such as driver’s license and unemployment lists.

  • Concern: Underrepresentation of specific groups.

  • State Regulations: States are not mandated to use anything other than voter registration.

HOW ARE JURIES PICKED? (Continued)

STEP 2: Qualification Assessment

  • Individuals answer qualification questions:

    • Common exclusions:

      • Mental incompetence, non-English speakers, police officers, legally blind individuals.

    • Historical Context: Women were excluded from jury pools until 1979.

    • Exemption reasons include undue hardship, extreme inconvenience, etc.

    • Consideration left to the judge's discretion.

HOW ARE JURIES PICKED? (Continued)

Step 3: Voir Dire

  • Definition: "To speak the truth."

  • Purpose: Elimination of biased jurors through questioning.

  • Process: No standardized guidelines on the questioning approach.

Types of Voir Dire

  1. Limited Voir Dire:

    • Group-based yes/no questions.

    • Example Question: “Do you have any opinion about the defendant’s guilt or innocence at this point?”

    • Potential Limitations: Does not provide deep insight into jurors' beliefs.

  2. Extended Voir Dire:

    • Includes both open and closed questions.

    • Potential for individual questioning allows biases to emerge that might not surface in group settings.

  3. Typical Voir Dire:

    • A compromise of the two methods; typically lasts around 5 hours.

    • Process: Group questions followed by selection of certain jurors for individual follow-ups or deep dives into topics.

    • Judges may encourage written questionnaires for sensitive subjects.

    • Example: The O.J. Simpson trial had a questionnaire with 294 items!

VOIR DIRE: CHALLENGES

  • Types of Challenges Available to Attorneys:

    • Challenges for Cause: Upon showing bias, prejudice, or ties to parties in the case.

    • Peremptory Challenges: Attorneys can exclude jurors without providing reasons or needing judge approval.

  • Controversies:

    • "Stacking the jury" allows attorneys to exclude jurors they deem unfavorable to their case.

    • Potential for manipulation or unfair bias in jury selection.

    • Example Inquiry: “Do you support the rule allowing criminal defendants to not testify at their own trials?”

LEGAL PRECEDENT IN JURY SELECTION

  • Batson v. Kentucky (1986):

    • Legal precedent that requires voir dire processes to not be used for eliminating jurors based on specific demographics or identifications known as cognizable groups.

WRAPPING UP

  • Conclusion: Sitting a representative jury presents significant challenges due to sociocultural factors and legal procedural intricacies.

NEXT TOPIC

  • Next Consideration: Scientific Jury Selection discussions to be explored in forthcoming notes.