...Jury Trial Analysis When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect the identity of a victim, such as a minor. A criminal defendant also has the right to be tried by a jury of his or her peers. The type of jury varies from state to states but these juries are made up of members of the community that have been randomly designated by the court and chosen by attorney for both the prosecution and the defense. This leads the criminal defendant into the right to ask for a swift trial. The most intricate premises of the criminal justice system are that when justice is delayed, it is denied. The right to a swift and speedy trial is essential in a structure that places equality and integrity above all else (FindLaw, n.d.). Diligent trials promote civility within the criminal justice system. A speedy trial is one that is without any postponements. The Sixth Amendment...
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...Jury Selection, Trials and Constitutional Rights The jury selection process is a significant portion of the trial process. Jury selection ensures that courts maintain proper Due Process and comply with constitutional guidelines. Furthermore, it gives lawyers the ability to evaluate the people in the jury and determine how they would feel about the case. The trial process branches out into six steps: jury selection, opening statements, presentation of evidence, closing arguments, charging of the jury and deliberation of jury. Throughout the process of jury selection, potential jury is based on a process names an voir dire; otherwise known as committing to telling the truth. During voir dire, potential jurors are included in the case or eliminated from the jury. Potential jurors are required to answer a series of questions concerning their personal bias regarding the case. The series of questions help determine if any of the potential jurors have had previous exposure to the context of the case, or a personal connection to the actual trial. If a lawyer can conclude based on the questioning, that the juror may be biased, they have the ability to challenge their position on the jury. Voir dire will be further examined in order to discuss how an unbiased jury is prepared for a trial. The following step once the jury is selected is the opening statements. The prosecution and the defense each have an opportunity to present their case to the jury. Although, no...
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...ARCH423b PROF. KATHERINE ANTHONY, INSTRUCTOR FALL 2013 - Peter F. smith This paper is in response to reading 'Design Juries on Trial, The Renaissance of the Design Studio, (1999) by Katherine H. Anthony. I am firstly sharing my best design experience at Harvard University School of Design, in a class 'Presentation Skills, and Getting Published', taught by Eugene Kohn, KPF Architects. When attending the presentation skills class, we were broken into small groups and given projects to attend to. When we pursued gathering information for this topic, we were guided by an attorney working for KPF who introduced us to a procedure called 'throwing the long ball'. Mr. Kohn's attorney shared several pages of a method where 3 students could sequentially gather a very large amount of information about a client, and that client's needs. When presenting our project, he used video cameras to record our body language, as we were practicing, like a mock jury, to package our best practiced presentation to our client. Eugene Kohn. ( property of Harvard University) Edward Larrabee Barnes would pull out a piece of paper with a doodle on it from a jacket pocket, then another sketch from another pocket, and so on. And he'd get the job. (Note from E. Kohn) My worst jury, being hesitantly upfront, dealt with chemical dependency. In my efforts to do well in design, I was up many evenings without sleep. To to...
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...Jury Trial Analysis The jury selection process is a significant portion of the trial process. Jury selection ensures that courts maintain proper Due Process and comply with constitutional guidelines. Furthermore, it gives lawyers the ability to evaluate the people in the jury and determine how they would feel about the case. The trial process branches out into six steps: jury selection, opening statements, presentation of evidence, closing arguments, charging of the jury and deliberation of jury. Throughout the process of jury selection, potential jury is based on a process names an voir dire; otherwise known as committing to telling the truth. During voir dire, potential jurors are included in the case or eliminated from the jury. Potential jurors are required to answer a series of questions concerning their personal bias regarding the case. The series of questions help determine if any of the potential jurors have had previous exposure to the context of the case, or a personal connection to the actual trial. If a lawyer can conclude based on the questioning, that the juror may be biased, they have the ability to challenge their position on the jury. Voir dire will be further examined in order to discuss how an unbiased jury is prepared for a trial. Normally twelve jurors are than selected with two being selected as alternates. Both sides of counsel (Defense and Prosecution) are given the chance to question or challenge each juror before their acceptance or rejection as potential...
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...Jury Trial Analysis Paper Joy Tejeda University of Phoenix Criminal Procedure CJA/364 Albert Cobos February 29, 2012 Jury Trial Analysis Paper Jurors have a big responsibility in a criminal trial. They make the final decision whether to charge an individual guilty of a crime. Jurors must remain open-minded and free of bias while they observe any evidence during trial. Because having an unbiased jury is critical to having a fair trial, the defendant has the right to have a jury pool that consists of a fair range of the community. A jury pool, or venire, is a collection of potential jurors assembled together for jury duty ("Lawyers.com", 2011). The jurors are chosen from the jury pool for the upcoming criminal trial. When assembling a jury pool they cannot exclude someone based on their religion, race or sex. A jury pool is selected randomly from all possible jurors. The key source for selecting potential jurors comes from voter registration lists. Although the outcome of choosing from this list may not result in a fair cross-section of the community potential jurors can also be chosen by other list, such as tax rolls, licensed driver lists, phone books or city directories. Not everyone who is mailed a summons has to report for jury duty. There are some who may be excused, exempt or disqualified. If jury duty proves to be an extreme hardship or inconvenience, it is possible you will be excused. Other reasons for being excused may be they are over the age of 70 or is an...
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...Jury Trial Analysis Jaynice Harden March 16, 2015 CJA/364 Criminal Procedure Shane Krauser Jury Trial Analysis In today’s society, there are many people who know what a jury trial is and what is expected in the process of a jury trial. They may also know why the process is important and very necessary as it protects the citizens of the United States. The part that some people may not know about is the process that is taken during the pre-trial phase. Any and every individual that has been accused of wrong doing have the right to a fair trial. In addition, everyone has the right to an attorney to help then fight and understand the legal side of the defense. A jury trial can consists of 12 adjudicators which as selected at random that will take all information into consideration and decide upon the facts of the civil or criminal case. Criminal cases are more serious than civil cases. “In this case, serious offense refers to offense carrying a punishment of over six months (Gaines & Miller,2011). A jury trial consists of six steps that must be followed in order to ensure a fair trial. The prosecution as well as the defense is very needing of these steps in the criminal justice system. If it should happen to be a violent crime then a fair and impartial jury would have to be the ones to give the prosecution the verdict. However, if it turns out that the accused is not guilty then the accused have the right to due process and a fair trial. A jury trial is very important...
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...Jury Trial Analysis Alex G Neville CJA/364 11/30/2014 Jonathan Sperling Jury Trial Analysis The process of the courtroom trial serves as the backbone of the criminal justice system. With its various processes and integral steps to ensure that justice is carried out and the truth is finally founded in an open courtroom. It is also pivotal to the maintenance of the order and structure of not only the criminal justice system, but society itself. Opening Statements Opening statements are an introductory statement made by attorneys for each side at the start of a trial. The statement while not mandatory is seldom waived, due to its invaluable opportunity to provide an overview of the case to the jury and to explain the anticipated proof that will be presented during the trial. It is also an excellent opportunity to also gain a foothold within the jury to either establish the defendant’s guilt or innocence, or to establish reasonable doubt within the minds of the jury. Presentation of the Case Witness Examination is the process the immediately follows the opening statement. The prosecutor begins examination of their witnesses. This is the prosecutor’s, initial step in attempting to prove its case. The amount of time during this process varies greatly. During this the prosecution can introduce evidence from the crime scene. Following the prosecutions examination of its witnesses, the defense has the opportunity to cross examine or question the same witness. The...
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...Jury Trial Analysis CJA/364 October 13, 2013 This paper will be about Jury Trial Analysis. I will give a analysis in which the paper I will identify and discuss the steps in a jury trial. In the paper analysis it will be quite clear or the assess the constitutional trial rights that are enacted during a jury trial, as well as examine and discuss the selection of a fair and unbiased jury. In any criminal cases or a case that requires a jury; jurors are selected for a courtroom from the pool of available jurors. This is called Selection of jury, which is the first step in a jury trial. The judge and attorneys question the jurors in a process called voir dire, which means “to speak the truth”. This determines if any juror has a personal in the case, a prejudice or bias that wrongly influences the him or her as a juror. The attorneys may challenge some jurors and ask the court to excuse them from that particular trial. There are two types of challenges that attorneys uses during questions for a selection for a potential juror. The challenges are, challenge for cause and peremptory challenge. Peremptory challenges are limited in number and challenges for cause have an unlimited number. The second step is, the opening statements. This is when the attorney of plaintiff and the attorney for the defense outline the proof to be presented to the jury during the trial. Opening statement are not evidence, only expectations of what each attorney expects the evidence to prove. ...
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...Jury Trial Analysis CJA/364 Jury Trial Analysis In the United States citizens are given certain rights when they are accused of a crime and are facing a trial. They have the right to a speedy trial, this it to avoid a person being charged with a crime them spending a prolonged period incarcerated prior to conviction. They have the right to an impartial jury. Jurors are interviewed by both the prosecution and the defense to endure that the defendant is not known to them and that if the potential jurors do have any knowledge of the crime, gained via the media or sources other than personal knowledge. Defendants are also entitled to an impartial judge. Judges are held to a higher standard that than of people in other jobs. They are required to put aside personal opinions and make decisions based solely on the facts as they are presented in court. The Right to a Speedy Trial The Sixth Amendment to the United States Constitution guarantees a person accused of a crime the right to a speedy trial. The Founding Father of the United States added this amendment to the Constitution for two reasons, ("The Free Dictionary", 2014). First they wanted to prevent those accused but not yet convicted of crimes from spending a long period of time incarcerated when they have not been found guilty of it yet. The second reason was the fear that if the trial was delayed the memories of witness could fade, witnesses themselves could disappear, and evidence could be lost. While both...
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...I. The Right to a Trial by Jury: The Threat of Extinction, Limited Availability & Reduced Effectiveness Contrary to what may be a common public perception, jury trials are a dying breed in America. Jury trials have been declining steadily for the past thirty years. “If the trend continues, within the foreseeable future, civil jury trials in America may eventually become…extinct.” This may seem surprising because the U.S. Constitution ensures the right to a jury trial in criminal trials under the 6th Amendment and in civil trials through the 7th Amendment. The reality, however, is that parties are finding more effective, faster, and more cost-effective means of adjudicating legal disputes through alternative dispute resolution (ADR) forums that are evolving to an ever-increasing degree. The American Jury Project (AJP) of 2005, a national symposium of the American Bar Association, was held to establish the standards and principles for juries and jury trials. Principle 1 states that “the right to a jury trial should be preserved; however, the lack of available jurors and the rules and procedures used in the jury selection process have reduced its effectiveness and have made this means of seeking justice a slow, unpredictable, and expensive gamble that is driving parties to seek ADR through other forums. One author described a powerful contradiction in the jury system that confronts people in America: “We love the idea of the jury but hate the way it works...
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...Individual Jury Trial Analysis Brad Phillips October 16, 2013 In the United States criminal justice system, there is a process that must be followed in order to not only charge a person with an offense or crime but also in order to submit that person to a criminal court trial. When an individual is charged with a crime there are steps that a law enforcement officer must take in order to make a legal arrest but the process does not end at that point as there is also significant steps that must be taken before a jury trial begins. Each of these steps is significant and vital to the criminal justice system as they each protect against corruption, abuse and violation of individual rights. After examining each step on its own merit it is much easier to observe how each of these steps plays its role apart and in relation to the other steps in the process. The first step in the jury trial process is the act of initiating a trial. This is the step in the process wherein a hearing is held to determine the specifics of the trial. The judge will determine if the defendant is competent to stand trial and also rule on any pretrial motions that have been made. In addition, if the trial is taking place in a state that has Grand Jury requirements, it is during this phase that the Grand Jury meets to decide on evidence and if there is sufficient justification for the trial to continue. The second step in a jury trial is the selection of the jurors. This is not always the next...
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...Bargaining Glenn Friedlander CJA/224-Introduction to Criminal Court Systems October 22, 1013 Deborah Carr Plea Bargaining Plea Bargaining is a process in which the prosecutor and the defendant via the defense attorney comes to an agreement during a multi-charge case for the defendant to bargain with the prosecutor after being informed by his or her defense attorney of the consequences of one or more charges for a lesser sentence rather than going to trial and possibly receive the max sentence he or she are facing (Siegel, Schmalleger, & Worral, 2011). This is normally used when a defendant and his or her defense attorney knows there is no way for the defendant to get off based on the charges he or she is being charged with and the evidence against them. More often than none, the defendant’s attorney is highly aware of the possibility of losing the case based on the results of the investigation that was conducted after the crime was committed. This process is also designed to save tax payers money by avoiding a lengthy trial that was probable based on the crime committed. Charge Bargaining This is a process in which the prosecutor can negotiate with the defendant to make it seem like the prosecutor is on the defendant’s side. This is done by telling him or her they will avoid adding additional charges if the defendant chooses to plea bargain with the prosecutor at that particular time or whichever time the prosecutor provides for the defendant to discuss the options with...
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... It is an essential tool that benefits not only the prosecutor but the defense attorney and the defendant. Plea bargaining allows attorneys to decide cases without needing the judge or a jury to decide the case. It can be beneficial to both the prosecutor and the defense attorney because the prosecutor will have a conviction and the defense attorney would have gained a lesser charge for his client. Throughout this paper I will lead you through the process of plea bargaining, the pros and cons, and how it reflects on crime control and the due process model. History of Plea Bargaining Plea bargaining can be dated back to the nineteenth century. One of the earliest cases reported Commonwealth v. Battis. In this case the defendant who was charged in a capital crime was given time to think about the guilty plea he had entered. The court was reluctant in accepting the plea and was satisfied only after insuring that there had been no tampering, promises, or any persuasions to the defendant. Following the Commonwealth v. Battis case there were other cases that began to be reported that had some level of plea bargaining. It seemed that plea bargaining became more common in the mid 1900’s. The reasoning behind it becoming more common was back in the early days of the English justice system, juries would hear up to 20 cases in a day. What is plea bargaining? According to Black’s Law Dictionary it is a negotiated agreement between a prosecutor and a criminal defendant whereby the defendant...
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...Running Head: Plea Bargaining 1 Plea Bargaining Brandi D. Greenfield CJA/224 October 22, 2014 Ali Shakoor Running Head: Plea Bargaining 2 To many there are advantages and disadvantages to plea bargaining. Some may argue that if you accept a plea bargain you are admitting to the crime that you are being charged with, even if you are innocent or intend to plead not guilty. There is no true definition of plea bargaining but according to (Black’s Law Dictionary) plea bargaining is defined as “the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval that usually involves the defendant’s pleading guilty to a lesser offense or to only or some of the counts of a multi-count indictment in return for a lighter sentence than the possible for the graver charge.” (University of Phoenix, 2011). There are two types of plea bargaining known as charge bargaining and sentence bargaining. “Charge bargaining refers to the prosecutor’s ability to negotiate with the defendant in terms of the charges that could be filed.” (University of Phoenix, 2011). “Sentence bargaining occurs when a defendant agrees...
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...crime may bargain with the prosecutor to receive a lesser punishment. Typically, the accused person will plead guilty, sometimes to a lesser charge than the original one (to manslaughter rather than murder, for example). As stated by the Boston College Law Review, the U.S. Supreme Court estimates that at least ninety percent of criminal convictions are based on guilty pleas. Typically, defense counsel and the prosecutor negotiate the charges to be brought. If the bargain pertains to the sentence to be meted out, a judge may also participate unless barred from doing so. The main purpose for plea bargains is this process saves the government the time and cost of a jury trial in exchange for a reduced sentence. Defendants who plead guilty as part of a plea bargain give up three constitutional rights: the right of trial by jury, the right to confront and question one's accusers, and the right to refuse to incriminate oneself. However, it can speed up the criminal justice system, and an accused person can get a lessor punishment. The two types of plea bargains are explicit plea bargains and implicit plea bargains. Explicit plea bargains are those in which some concession has been granted to the defendant in exchange for his or her agreement to a guilty plea....
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