The Right to Trial by Jury: Selection, Size, and Fairness - Prof. William Shulman, Study notes of Criminal Justice

Download The Right to Trial by Jury: Selection, Size, and Fairness - Prof. William Shulman and more Study notes Criminal Justice in PDF only on Docsity! Section IX. The Right to Trial by Jury I. Historical Considerations (A) Right is contained in the Bill of Rights and the Original Constitution (B) History as check on government power II. The Selection Process (A) Same for grand or petit jurors (B) Jury commission (C) Master lists inclusive of population (D) Random selection (E) Stages (1) qualifications (2) minus exclusions (3) minus exemptions (4) minus those excused by court (5) minus disqualifieds (6) minus discharged for other reasons III. Right to Jury Trial (A) Derivation of right (1) 6th Amendment and Tennessee Constitution (B) Types of cases (1) distinction between serious and petty (2) Case: Baldwin v. N.Y., (1970): 6 or more month possible incarceration (3) Can’t aggregate multiple punishments to get to the “serious” level (4) Tennessee rule is broader: any incarceration is the trigger (C) Waiver of right (1) Better odds with jury (2) Cleaner trials than bench trials (3) Must be done with agreement of prosecutor and trial judge (4) Waiver in cases where community may be inflamed, i.e. child rape (D) Size of the Jury (1) 6 person juries are constitutional (2) Case: Williams v. Fla., (1970) (3) 5 persons are not because 1. not large enough to foster good group deliberations 2. not large enough to provide minority representation 3. not large enough to protect against intimidation (4) Tennessee requires 12 persons in criminal cases (E) Unanimous verdict requirement (1) Less than unanimous verdicts are constitutional (2) Case: Johnson v. La., (1972): 9 to 3 verdicts OK