Download CHAPTER TWO

JURORS, WITNESSES, AND
OTHERS IN THE JUDICIAL PROCESS
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Guaranteed by the 6th Amendment
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Applicable to the states (Duncan v. Louisiana)
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Applies only to criminal cases
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Does not apply to petty misdemeanor cases
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Purpose is to protect defendants from the exercise of
arbitrary power
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Few cases use petit (trial) juries
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Attitudes about jury service
 Honor and civic obligation
 Hassle and disruption of schedules
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Requirements
 Age of majority
 U.S. Citizenship
 Speak, read, and understand English
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Reasons for disqualification
 Conviction of a felony
 Conviction of a crime of moral turpitude
 Professional exemption
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Jury of the defendant’s peers
 Individuals qualified for jury service
 May not resemble the defendant
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Groups of potential jurors (venire) are contacted
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List created using master lists or master wheels
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Methods
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Voter registration
Registered drivers
Tax rolls
City/county directories
Motor vehicle registration
Telephone directories
Utility customers
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List Assembly
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County Court Clerks
Jury Commissioners
Jury Service Frequency varies by state
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Once a year (14 states)
Once every 2 years (14 states)
Once every 3 years (10 states)
Once every 4 years (2 states)
Others are determined by whether a person is seated and the number
of trial days
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A jury is selected from 36-48 potential jurors
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Potential jurors are questioned (voir dire)
 Background
 Case knowledge
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Juror exclusions
 Challenge for cause
 Prejudice regarding the case
 Prejudgment of the case
 Peremptory challenge
 Available to each attorney in limited number
 No reason needs to be given
 Cannot be used in a discriminatory way
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Exclusions usually result in a neutral jury
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Listen to evidence
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Decide what the truth is
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Decide the facts in a case
 Cannot take notes
 Social media has become an issue
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Judge gives instructions to jury
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Jury Deliberations
 Election of a foreperson to preside over deliberations
 Preliminary vote
 Deliver a verdict
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Traditionally 12 people
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Smaller juries may be used in some instances
 Save time and money
 May not be truly representative
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Traditionally, verdicts must be unanimous
 Not required in all instances
 Verdict must be unanimous in a death penalty case
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Hung jury (unable to reach a unanimous
verdict)
 Charges dismissed, or
 Case is retried
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Eyewitnesses
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Personal knowledge or observation
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Can testify to anything perceived through the physical senses
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Sight
Hearing
Smell
Touch
Taste
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Most common type of witness
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Reasons for testimony
 Civic duty
 Court requirement
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Testify regarding professional opinion
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Expertise must be established and qualified by the judge
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Work experience
Educational background
Professional consultation
Research
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Paid for their time and expertise
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Attorneys may depose the witness prior to trial
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Courthouse security has increased nationwide
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Threats to various legal professionals
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Duties of bailiff
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Security and order in courtroom
Secure entrances and courtrooms
Screen visitors
Announce judge’s entry into courtroom
Call courtroom to order
Escort jury members
Supervise sequestered juries
Monitor public areas
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Scheduling
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Set court docket
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Schedule court reporters
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Produce and distribute trial transcript
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Manage records
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Collect fees and fines
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Court Unification
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Judicial Superintendents
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Administrative Personnel
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Policy Research
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Exercise control over daily court operations
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Emerged as a profession in the 1970s
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Responsibilities
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Budgeting
Personnel Administration
Jury Management
Case Scheduling
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Administrative Office of Courts
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Administrators are appointed by the chief judge
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Represented by the National Association for Court Management
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Court Reporters
 Maintain verbatim transcripts of all court proceedings
 Important for appeals
 Court reporting has become scientific
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Interpreters
 Foreign languages
 American Sign Language