CHAPTERSIX
JURORS, WITNESSES, ANDOTHERS IN THE JUDICIAL PROCESS
Guaranteed by the 6thAmendmentApplicable to the states (Duncan v. Louisiana)Applies only to criminal casesDoes not apply to petty misdemeanor casesPurpose is to protect defendants from the exercise of arbitrary power
Right to a Jury Trial
Few cases use petit (trial) juriesAttitudes about jury serviceHonor and civic obligationHassle and disruption of schedulesRequirementsAge of majorityU.S.CitizenshipSpeak, read, and understand EnglishReasons for disqualificationConviction of a felonyConviction of a crime of moral turpitudeProfessional exemption
Jurors and Jury Service
Jury of the defendant’s peersIndividuals qualified for jury serviceMay not resemble the defendantGroups of potential jurors (venire) are contactedList created using master lists or master wheelsMethodsVoter registrationRegistered driversTax rollsCity/county directoriesMotor vehicle registrationTelephone directoriesUtility customers
Jury Selection
List AssemblyCounty Court ClerksJury CommissionersJury Service Frequency varies by stateOnce 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
Jury Selection
A jury is selected from 36-48 potential jurorsPotential jurors are questioned (voirdire)BackgroundCase knowledgeJuror exclusionsChallenge for causePrejudice regarding the casePrejudgment of the casePeremptory challengeAvailable to each attorney in limited numberNo reason needs to be givenCannot be used in a discriminatory wayExclusions usually result in a neutral jury
Excusals at the Time of Trial
Listen to evidenceDecide what the truth isDecide the facts in a caseCannot take notesSocial media has become an issueJudge gives instructions to juryJury DeliberationsElection of a foreperson to preside over deliberationsPreliminary voteDeliver a verdict
Juror Duties
Traditionally 12 peopleSmaller juries may be used in some instancesSave time and moneyMay not be truly representative
Jury Size
Traditionally, verdicts must be unanimousNot required in all instancesVerdict must be unanimous in a death penalty caseHung jury (unable to reach a unanimous verdict)Charges dismissed, orCase is retried
Jury Unanimity
EyewitnessesPersonal knowledge or observationCan testify to anything perceived through the physical sensesSightHearingSmellTouchTasteMost common type of witnessReasons for testimonyCivic dutyCourt requirement
Lay Witnesses
Testify regarding professional opinionExpertise must be established and qualified by the judgeWork experienceEducational backgroundProfessional consultationResearchPaid for their time and expertiseAttorneys may depose the witness prior to trial
Expert Witnesses
Courthouse security has increased nationwideThreats to various legal professionalsDuties of bailiffSecurity and order in courtroomSecure entrances and courtroomsScreen visitorsAnnounce judge’s entry into courtroomCall courtroom to orderEscort jury membersSupervise sequestered juriesMonitor public areas
Bailiffs
SchedulingSet court docketSchedule court reportersProduce and distribute trial transcriptManage recordsCollect fees and fines
Court Clerks and Administrators
Court UnificationJudicial SuperintendentsAdministrative PersonnelPolicy Research
Pound’s Principles of Court Reform
Exercise control over daily court operationsEmerged as a profession in the 1970sResponsibilitiesBudgetingPersonnel AdministrationJury ManagementCase SchedulingAdministrative Office of CourtsAdministrators are appointed by the chief judgeRepresented by the National Association for Court Management
Administrative Personnel
Court ReportersMaintain verbatim transcripts of all court proceedingsImportant for appealsCourt reporting has become scientificInterpretersForeign languagesAmerican Sign Language
Other Courtroom Personnel
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