BASIC INFO ON JURY DUTY
Jury Selection
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Jury Duty Process
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Watch video to see California's orientation video to see what it means to be a juror and the responsibility that comes with it. This is before the trial begins to make sure jury understands what their roles is.
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Lawyer process of jury selection
Voir Dire is the preliminary examination process of a juror. "A well prepared voir dire allows the attorney to focus on having a conversation with the jurors and appreciating their nonverbal behavior" (The Vior Dire Process). When entering the courtroom, the attorney will watch the jury interact with each other. Who is sitting by whom? who seems to be friends? Are more than one of these friends sitting on the panel? If they are together, they are likely to vote together. Making sure they are "good" jurors. Block voting can help or hurt.
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Peremptory Background
"Peremptory challenges are also essential in order to protect effective voir dire. An attorney does not know, until he asks questions, whether a particular juror is biased against his client. These questions may reveal suspected bias on the part of the jurors, but there may not be sufficient roof of bias to satisfy a challenge for cause. However, as a result of this questioning of his impartiality, an otherwise impartial juror may be insulted and develop a bias against the attorney and his client. Without peremptory challenges, these people could not be excluded. An attorney may, therefore choose to refrain from asking potentially offensive questions rather than risk insulting a prospective juror" Click here to learn the history, peremptory challenges based on race, gender and other group identities.
"Peremptory challenges are also essential in order to protect effective voir dire. An attorney does not know, until he asks questions, whether a particular juror is biased against his client. These questions may reveal suspected bias on the part of the jurors, but there may not be sufficient roof of bias to satisfy a challenge for cause. However, as a result of this questioning of his impartiality, an otherwise impartial juror may be insulted and develop a bias against the attorney and his client. Without peremptory challenges, these people could not be excluded. An attorney may, therefore choose to refrain from asking potentially offensive questions rather than risk insulting a prospective juror" Click here to learn the history, peremptory challenges based on race, gender and other group identities.
How much power does the jury have?
Jury Nullification
"Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immortal or wrongly applied to the defendant whose fate they are charged with deciding.
Once a jury returns a verdict of "Not Guilty" that verdict cannot be questioned by any court and the "double jeopardy" clause of the Constitution prohibits a retrial on the same charge.
Early in history, judges often informed jurors of their nullification right. Judicial acceptance of nullification began to wane, however, in the late 1800's 1n 1858, in the United States v Sparf, the U.S. Supreme Court voted 7 to 2 to uphold the conviction in a case in which the trail judge refused the defense attorney's request to let the jury know of their nullification powers.
As it stands now, jurors must learn of their power to nullify from extra-legal sources such as televised legal dramas, novels, or articles about juries that they might come across from. Some juries will understand that they do have the power to nullify, while other juries may be misled by judges into thinking that they must apply the law exactly as it is given.
Judges have worried that informing jurors of their power to nullify will lead to jury anarchy, with jurors following their own sympathies. On the other hand, jury nullification provides an important mechanism for feedback. Jurors sometimes use nullification to send messages to prosecutors about misplaced enforcement priorities or what they see as harassing or abusive prosecutions." (Linder)
Once a jury returns a verdict of "Not Guilty" that verdict cannot be questioned by any court and the "double jeopardy" clause of the Constitution prohibits a retrial on the same charge.
Early in history, judges often informed jurors of their nullification right. Judicial acceptance of nullification began to wane, however, in the late 1800's 1n 1858, in the United States v Sparf, the U.S. Supreme Court voted 7 to 2 to uphold the conviction in a case in which the trail judge refused the defense attorney's request to let the jury know of their nullification powers.
As it stands now, jurors must learn of their power to nullify from extra-legal sources such as televised legal dramas, novels, or articles about juries that they might come across from. Some juries will understand that they do have the power to nullify, while other juries may be misled by judges into thinking that they must apply the law exactly as it is given.
Judges have worried that informing jurors of their power to nullify will lead to jury anarchy, with jurors following their own sympathies. On the other hand, jury nullification provides an important mechanism for feedback. Jurors sometimes use nullification to send messages to prosecutors about misplaced enforcement priorities or what they see as harassing or abusive prosecutions." (Linder)
Citations:
Images:
- "California's Juror Orientation Video." YouTube. YouTube. Web. 10 Dec. 2014. <https://www.youtube.com/watch?v=vQO70n1Rejw>.
- Duane. "Jurors' Handbook A Citizens Guide to Jury Duty." Regent Law School. Web. 10 Dec. 2014. <http://www.fija.org/docs/JG_Jurors_Handbook.pdf>.
- Henley, Patricia. "Improving the Jury System: Peremptory Challenges." Public Law Research Institute. Web. 10 Dec. 2014. <http://gov.uchastings.edu/public-law/docs/plri/juryper.pdf>.
- "Jury Service." - Jury_service. Web. 10 Dec. 2014. <http://www.courts.ca.gov/juryservice.htm?genpubtab#tab24327>.
- Linder, Doug. "Jury Nullification: History, Questions and Answers about Nullification, Links." Jury Nullification: History, Questions and Answers about Nullification, Links. Web. 10 Dec. 2014. <http://law2.umkc.edu/faculty/projects/ftrials/zenger/nullification.html>.
- "Questionnaire." Web. 10 Dec. 2014. <http://www.fjc.gov/public/pdf.nsf/lookup/dpen0023.pdf/$file/dpen0023.pdf>.
- "The Voir Dire Process." The Voir Dire Process. Web. 10 Dec. 2014. <https://www.americanbar.org/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/voirdireprocess.html>.
Images:
- Jackson, Bill. "Learn Social Studies and American History." Learn Social Studies and American History. Web. 10 Dec. 2014. <http://www.socialstudieshelp.com>.
- "Jury Nullification." Lex Fridman Blog. Web. 10 Dec. 2014. <http://lexfridman.com/blogs/thoughts/2010/12/28/jury-nullification/>.
- "Racism in Jury Selection - Incarcerated Voices™." Incarcerated Voices. Web. 10 Dec. 2014. <https://www.incarceratedvoices.com/racism-in-jury-selection/>.
- "The Official Blog of DOAR Litigation Consulting. Covering Litigation Issues from Discovery to Decision. ." OpenDOAR Blog. Web. 10 Dec. 2014. <http://blog.doar.com/2012/08/20/decent-exposure-focusing-on-the-primary-voir-dire-goal/>.