CJC 202 Chapter 9: The Jury PDF
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Uploaded by ExtraordinaryChicago
Loyola University Chicago
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Summary
This chapter details the American Jury System, focusing on its history, role as a fact-finder, constitutional limits, jury size, jury selection process, reforms, and the concept of jury nullification. The chapter is designed for undergraduate-level legal studies or a similar curriculum.
Full Transcript
Chapter 9 THE JURY History Not new Protection from the government Role Fact finder Make sense of what is presented What is the truth? Take the facts and apply it to law Limits Right provided through state constitutions Incarceration of 6 months or more Jury Size 12 is generally...
Chapter 9 THE JURY History Not new Protection from the government Role Fact finder Make sense of what is presented What is the truth? Take the facts and apply it to law Limits Right provided through state constitutions Incarceration of 6 months or more Jury Size 12 is generally accepted – not required at state level – not constitutionally mandated “just happened” Need group deliberation Enough to obtain cross-section 6 is permissible – can not be less Some use 8 for misdemeanors Decision must be unanimous Jury Selection Cross section of community Unbiased Master jury list – this is where it starts – voter registration – DL – hunting/fishing Jury pool – sit and wait Voir Dire - questions Challenge for cause – unlimited – must show bias - difficult Peremptory challenge – removal without reason Reforms Allowed to take notes – increase in alertness, participation Ask questions Written copies of jury instructions Provide notebooks Jury Nullification Refuses to abide by law Would be unfair Unquestionably guilty Double jeopardy Not allowed
