...Jury Selection Process Paper David L. Clay CJS/211 August 10, 2015 Johnny Cotton Jury Selection Process Paper In this paper we will discuss what the author in The Color of Justice: Race Ethnicity, and Crime in America refers to as the disparity “in the jury selection process”. In this paper we will address the processes and cases that have helped control the systematic discrimination of the court process, how the jury nullification is used in relation to diversity, as well as discussing the use of peremptory challenges to jury selection and the impact on the jury composition. In order to fully discuss these issues you must first know the definition of disparity. Disparity is defined as inequality were things are different or not equal. The disparity that is explained by the author is in reference to how African American and Mexican Americans were excluded from the process of jury selection but was found to be protected according to the Equal protection Clause in the 14th Amendment. It states that they cannot be prohibited from serving on a jury. In the beginning jury selection was geared toward white males only. The process of jury selection is usually compiled from two major sources of voter registration cards and driver’s license. One case that represents the control of the systematic discrimination is the case of the Scottsboro boys. Nine African American boys were accused of raping two white girls on a train. The boys were convicted of a capital offense. In...
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...The Jury Selection Process Taurean F Dawkins Strayer University Huntsville, AL February 10, 2013 Abstract “The Jury Selection Process” is a research paper that reviews the jury selection process in detail. First we will review the stages of the criminal trail and go in depth with the jury selection process. The paper will demonstrate why the jury selection process is necessary for the United States as well as its patrons. The paper will also provide a break down of advantages and disadvantages on the jury selection process. In addition to the information listed above, we will review some large profile court cases and its jury selection process. This will determine just how detailed and challenging the process can prove to be. The criminal trial process is a precaution that the United States Government has in place in order to protect the patrons of this country constitutional rights. By using the criminal trial process, they ensure that each civilian is offered a far and speedy trail. The criminal trail process has a number of different steps in order for it to flow seamlessly. The steps of the criminal trial process are as follows: trail initiation, jury selection, opening statements, presentation of evidence, closing arguments, judge’s charge to the jury, jury deliberations, and the verdict. Within this body we will be reviewing the jury selection process within detail. Within the Sixth Amendment of United States Constitution it points out that a citizen...
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...Wilfredo Hernandez Rivera Disparity in the jury selection process CJS/221 September 7 2015 Christopher Manning In the United states of America talking about racism is something uncommon as a lot of if people know that they are laws that go against discrimination and racism, however this does not mean that thoughts and emotional racism feelings are involve in the daily life of a lot of people in the United States, therefore this discriminatory thoughts or ideas are always involve in all the system that are meant to serve and protect society, this would also include the same system that is meant to provide equality and justice in America, the court justice system. In this paper there will be some key points to study, such key points includes: An explanation of the process and cases that have helped to control the systemic discrimination of the courts in this process, a discussion of how jury nullification is used in relation to diversity, and a discussion of the use of peremptory challenges to jury selection and the impact on the jury composition. Firs let’s start with how some processes have helped to control the systematic discrimination of courts in this process. One of the most common process to fight discrimination is the selection of a jury pool. There are different facts about the jury pool selection, this one’s includes “that all white jury has been a staple of the America criminal justice system for...
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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 Selection Process Every American that has registered to vote or has a drivers license can at any time be called to serve on a jury. There are mixed feelings about being called for duty. Some Americans see it as a nuisance that will disrupt their lives. Others see it as an opportunity to serve their country. Being called to serve, and actually serving is two different matters. A jury is ultimately selected by the judge, prosecutor and defending attorney. How they are they picked? How are they released? Maybe this paper will answer a few of these questions. The selection of a jury is the process that occurs right before the actual trial, and after the trial initiation and the arraignment and plea. Only about 10 percent of actual arraignments see an actual trial, because 90 percent of cases that are preparing for trial end up accepting a plea bargain (Schmalleher, 2009). Any one who is accused of a crime and will stand trial is allowed by the Sixth Amendment the right to an impartial jury. For a jury to be impartial, it is not always true that they have no prior knowledge of the case at all. In the case of a highly publicized trial, it can be almost impossible to find 12 people who know nothing about the case at hand or the accused. Some jurors will be excused based on how suitable they are judged to be for the case, and some may be excused because of reasons beyond their control (Schmalleger, 2009). I have been called to serve jury duty one time in my life. At the...
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...diversity among communities. Racial disparity can be found in the criminal justice system. A system designed to be fair and equal to individuals is not existent. Racial diversity can be found at the time of arrest to the time of sentencing. The purpose of this paper is to focus on the diversity in sentencing. Case studies will be discussed throughout this paper. Leaders of criminal justice are not exempt of racial diversity. Racial diversity has changed over the years, but racial diversity remains strong in sentencing minorities. Diversity is not biased of offenses. Racial diversity can be seen in the smallest of charges, such as a traffic stop to the most serious sentence of the death penalty. Most of the sentences are because profiling an individual of minority. African Americans are likely to be the targeted racial group. Hispanic individuals are likely to be another racial group profiled for harsher sentencing. Racial disparity in the criminal justice system should always be considered a violation of ideas of the forefather’s of this nation as equal treatment under the laws of the United States Constitution. Many reasons for racial disparity can be identified in the sentencing process. The sentencing process is a difficult process, and adding racial bias may create a simpler way for criminal justice leaders to sentence an offender or make the sentence more difficult to decide. Racial discrimination is a large part of the United States history. Citizens of the United States have witnessed...
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...Jury Selection Process Paper Amber Spencer CJS/221 August 24, 2015 Stephen Humphries The disparity in the jury selection process has been present in the United States for centuries. The jury is a very important part of the justice system, even though many cases are settled by the plea deal and never make it in front of a jury. The cases that seem to end up in front of a jury are very high-profile crimes that have long prison sentences or even the death penalty on the table. What the jury was developed for was to provide "the criminal defendant's fundamental protection of life and liberty against race and color prejudice" (McCleskey v. Kemp pg. 279). In the early 1800's only white men were allowed to serve on a jury. In 1880 in the case of Strauder v. West Virginia, the supreme court found that it was violating a clause under the Fourteenth Amendment by excluding African-Americans from the jury pools because of their color alone was causing a great deal of harm to the African American population. In the case of Neal v. Delaware, which occurred only a few years after Strauder v. West Virginia. The courts stated that they were not allowing African Americans to the Jury pool because they were not meeting the criteria of intelligence, moral integrity, and experience. The same issues arise for any Hispanic personal as well. Even though they technically fell under the same guidelines as the Struater v. West Virginia by violating the fourteenth amendment by not allowing them...
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...How the Jury System Works In America Rebecca Ward Mt. Olive College Abstract This paper delves into a discussion on the Jury System of America and its intricacies. The method of selection of the jurors and their qualifications are also a topic of discussion in this paper. The juror’s rights and obligations to the court are also adequately threshed out and explained in this paper as well. Most importantly the rules and regulations governing the jury will also be a topic for discussion in this paper. The etiquette and demeanor of each individual juror is delineated here to shed light on how the jury should properly behave during a trial. How the juror’s employment with other firms and how their absences from their individual work are affected by their compulsory jury service to the courts is also delved into in this paper. The proper treatment and benefit which the juror’s employers should accord their employees who are summoned to jury service is also explained in this paper. Over-all this paper is an attempt to adequately explain the jury system of the United States of America and how it affects in terms of the individual juror’s demeanor in court, qualifications, selection, rights and obligations to the court and employment absences of the jurors in the jury system. How the Jury System Works In America The Jury system of America is that mechanism which is made mandatory by law which calls on its citizens to decide on controversies...
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...Pretrial Process Paper Alexander Morgan, Kevin Hebert, Chasity Conner CJA 364 05/25/2015 Carla Taylor Pretrial Process Paper In the following paper, we will discuss the pretrial process. We will talk of pretrial detention and the concept of bail. We will also on the meaning of preliminary examinations, the role of the grand jury and the prosecutor’s duty to disclose exculpatory information. The last thing we will discuss is the prosecutorial misconduct. “Pretrial detention refers to detaining of an accused person in a criminal case before the trial has taken place, either because of a failure to post bail or due to denial of release under a pre-trial detention statute.” ("Http://definitions.uslegal.com”,). When you are in pretrial detention is also a possibility that you could be a flight risk and will be denied bail. It depends on the severity of the bail most people don’t have the funds to post bail. They would have to wait until trial start and find a bail bondsman to get a release. “Bail property or money given as surety that a person released from custody will return at an appointed time. The person who agrees to be liable if someone released from custody does not return at an appointed time.” ("Thefreedictionary.com",). It can work in many ways. If you don’t have the money, you could use your house or car as collateral for payment. If you do not pay the money the house and the car are consider payment. According to "Http://www.lawhandbook.sa.gov...
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...Abstract How human beings judge others has been the subject of many psychological studies over the years. In this paper, psychology in the legal arena is discussed including jury selection, juror life experiences and how it affects their biases, and the impact of the media on their decisions. Jury Selection and Its Importance Juries have the all too important task of making life altering decisions dealing with money, freedom, and many times life or death situations. Therefore, serving on a jury is a very serious and important proposition. Unfortunately, in today’s society it appears that many times juries are selected in a rather casual manner. Many individuals called to jury service, especially those with a higher education or in a higher economic echelon, can find ways to escape their civic duty, while those who are less educated and theoretically less qualified for jury service, end up serving on the jury and making critical decisions. A fairly new trend in jury selection is that of trial consulting, which gained notoriety in the mid 1990’s in the O.J. Simpson trial. The application of scientific jury selection (SJS) was first applied in 1971, and has grown tremendously in recent years for those who have the means to employ such methods. The goal of the trial consultant is to find persons to fill the jury seats who optimally will arrive at a decision that will be favorable to their client. The tools used by the trial consultant include “…community...
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...Diversity Issues in Criminal Justice The diversity issue focused on in this paper will be racial disparity in sentencing. This paper will also focus on some of the reasons why racial disparity exists within sentencing. One of the research methods used in this paper will be case studies. In society today there are a diversity of citizens, of offenders, and leaders within in the court system. However, race still plays a big role in the Criminal Justice system especially during the sentencing portion. Although racial dynamics may have changed over time, race still exerts an undeniable presence in sentencing process. This ranges from disparate traffic stops due to racial profiling to imposition of the death penalty based on the race of victim and/or offender. (The Sentencing Project, 2005). Here in the United States, African Americans criminals are over represented compared to their number in the general population. According to (Calderon, 2006) “the idea of a racially discriminatory process violates the ideals of equal treatment under law as well as under the constitution that these laws were based on.” Racial discrimination within sentencing is often a complex process, along with other factors, as well as producing racially discriminatory outcomes in certain situations. Racial discrimination has been a big part of this country for a very long time and just because things have started to change it does not mean people’s perception have changed. However, people who are in...
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...Stephanie Ross Professor Rogers PLS 102 04 17 September 2016 Constitutional Issues Paper (Pena-Rodriguez v. Colorado) By definition the 6th Amendment states in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him (Sixth). When looking into the Pena-Rodriguez v. Colorado case Rodriguez was finding fault with being guaranteed a fair jury. He found this fault because after he was found guilty from the trial two jurors informed Pena-Rodriguez’s counsel that one of the juror’s chosen was making racial statements regarding Pena-Rodriguez and the alibi witness during the...
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...arrests. Individual Portion: Each individual will share 3 deliverables with each other in the group and will provide a copy for the instructor for accountability of participation in the group. The following are the deliverables: A 1-page bulleted list of 10 points that are the more important in your view on properly processing a defendant in a federal investigation. A 1-page outline on the best way to format and present the federal criminal pretrial process, which includes jury selection, evidence and jury instructions. Please provide examples in your outline of your recommended format for presenting the process. A 1-page draft of how to present the processing requirements and the mandated pretrial measures required by law. Please add your file. Group Portion: As a group, you will take all the information that you have attained in the individual portion and decided to use for coordinating the information for briefing on the process at the federal court building. Your group is expected to produce a paper of 8–10 pages that will fulfill the following requirements. As you answer each requirement, you must provide support or evidence that will enhance and empirically prove your answers. Academic criminal justice articles or real-life criminal justice findings that are found in journals or other academic sources must be used in supporting...
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...Jury Trial Analysis Paper University of Phoenix CJA/364 Criminal Procedure MU11BCJ05 Jury Trial Analysis The modern jury has evolved since about 1700 into a complex process involving a number of distinct steps (Zalman, 2008). Since the evolution of jury trials, the main goal is to form a jury panel, provide them with all the facts of the case, and decide a verdict. Each step that makes up the jury trial is unique within itself. It is unique because there is a starting point, finishing point, and steps in between. Every step is crucial and there is no room for error. The writer is going to discuss all of these steps in detail, and will also provide in depth analysis of constitutional trial rights enacted during a trial. One of the most important steps in a jury trial is jury selection. “First, the court or a jury commission creates a master jury list of all eligible jurors, using methods that produce a statistically accurate cross-section of the community” (Zalman, 2008. p. 544). Upon omission on the master jury list, each individual in the jury pool goes through a set of questions that will decide who qualifies, also known as voir dire. “The process of voir dire allows the judge, attorneys, or both to question jurors to determine whether they are biased” (Zalman, 2008. p. 544). Once the jury is selected, the court process begins with an opening statement that outlines the main points of the case. The lawyers often try to make good first impressions on jurors...
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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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