Trials and Juries
Chapter Fourteen
1
Sixth Amendment (revisited)
• 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
witness against him; to have compulsory process for
obtaining Witnesses in his favor, and to have the
Assistance of Counsel for his defense.
2
Primary Purpose of the Jury
3
Historical Perspective
• Trial by Jury first used in Athens 500 or 600 B.C.
4
Jury Size
• Williams v. Florida:
• Ballew v. Georgia:
5
Jury Unanimity
• Johnson v. Louisiana:
• Apodaca v. Oregon:
• Burch v. Louisiana:
6
Constitutional Issues
• Taylor v. Louisiana:
• Batson v. Kentucky:
• Georgia v. McCollum:
• J.E.B. Petitioner v. Alabama:
7
Jury Selection
Three steps:
8
Peremptory Challenges
• Method for excusing a potential juror without specifying
the reason.
9
Steps of the Criminal Trial
10
Steps of the Criminal Trial Continued
...
11
Burden of Proof
• The Prosecution must prove the defendant’s guilt
beyond a reasonable doubt.
12
Types of Evidence
• Real (Relevant) Evidence:
• Testimony:
• Direct Evidence:
• Circumstantial Evidence:
13
Rules of Evidence
• Trustworthiness.
• Best-Evidence Rule:
• Hearsay Evidence:
14
Relevancy
• Evidence must be relevant to the case.
15
Scientific Evidence
16
Defenses
• Alibi Defenses
• Affirmative Defenses
17
Insanity Defense
• McNaughton Rule:
• Irresistible Impulse:
• Substantial Capacity Test:
18
Post-Verdict Motions
• Motion in Arrest of Judgment
• Motion for new trial
19
Jury Issues
• Jury Nullification:
• Jury Sequestering:
20
Related Court Issues
• Venue
• Change of venue motions
• Gag Order
• Contempt of Court
21