I. Jury Selection Process
a. 1st stage of the criminal trial.
b. Voir Dire – preliminary examination of a juror by a judge or lawyer to decide whether the prospect s qualified and suitable to serve on the jury.
i. Challenge for Cause – Juror will not be a fair and unbiased and thus is excused, with reason. Each side has a unlimited amount of challenges for cause.
ii. Preemptory Challenge – Limited number of challenges that need no be supported by any reason. Cannot be used to discriminate against a race or religion. 20 Challenges in New York State.
1. Batson Case – Supreme Court stated that one cannot use Preemptory Challenges to remove people based on race, religion, and gender.
a. Larry Davis case – Layer wanted no white men on his jury. Batson Rule applied.
c. Defense firm looks for jurors that:
i. Minorities, Women, Handicapped, Educated, Overweight
d. Prosecution looks for jurors that:
i. Uneducated, Rural/Hunters, Lutherans
e. Neither side wants a strong fair juror.
f. Lawyers sometimes seek the assistance of “Jury Selection Consultants.”
II. Opening Statements Given (Once jury is selected)
a. Prosecution goes 1s:
i. States what he hopes to prove, and what evidence and witnesses he will present.
b. Defense goes 2nd
i. States what he hopes to prove, and what evidence and witnesses he will present.
III. Prosecution Present Argument
a. Direct Examination – Calls first witness
b. Cross Examination – Defense attempts to discredit or impeach the witness.
c. Redirect Examination – Prosecution’s attempt to rehabilitate their witness.
d. Re-Cross Examination – By defense counsel.
i. Process continues as needed.
e. Prosecution will rest when all its witnesses are called.
IV. Defense Presents Argument
a. Defense makes a motion for a Directed Verdict of Acquittal.
i. Directed Verdict of Acquittal – Prosecution has not met the burden of proof. Very rarely granted by Judge.
b. Defense calls their witnesses.
c. Same procedure as with the prosecutions witnesses.
d. After all witnesses called, defense rests and again asks for a Directed Verdict of Acquittal.
i. Again, rarely granted by Judge. Case held for jury.
e. Prosecution may call a rebuttal witnesses à discredit defense’s witness.
V. Closing Arguments
a. New York State
i. Defense goes 1st
ii. Prosecution goes 2nd
1. Defense does not have a chance to rebut.
b. Federal Court
i. Prosecution goes 1st
ii. Defense goes 2nd
iii. Prosecution goes again to conclude their point.
1. To meet burden of proof.
VI. Jury Deliberations
a. Judge charges (instructs) jury:
i. Relevant laws
ii. Defines the law and what the prosecutor must prove, beyond a reasonable doubt
iii. Lays out component of crime
1. Many appeals from this portion of trial.
b. Felony Cases
i. Verdicts must be unanimous in felony cases (all 12 must vote same way).
ii. 1-year minimum sentence in county jail.
iii. “A” felony à Automatic jury trial
c. Misdemeanor Cases
i. Verdicts must be unanimous in misdemeanor cases (all 12 must vote same way).
ii. Less than one year in County Prison.
iii. “B” misdemeanor (90 days in jail) à No jury trial
d. If jury cannot reach a unanimous decision:
i. Mistrial
1. Hung jury
ii. Allen Charge – Judge encourages jurors to continue deliberation until a verdict is reached.
1. 2 “Allen Charges” in most cases.
iii. Defendant can be tried again, double jeopardy does not “attach” because there was no verdict.
1. Double Jeopardy – Defendant cannot be tried twice for the same crime.
a. Prosecutors cannot appeal “not guilty” verdicts until they find a jury to convict.
b. Once “jeopardy
ople in a NY Grand Jury (12 must vote yes for an indictment).
d. Process:
i. DA Establishes their case
1. Presents evidence
2. Witnesses
ii. No cross-examination by Defense Counsel.
e. Cases can be dismissed by Grand Jury with no indictment (not often)
i. No probable cause.
f. After Grand Jury indictment, Supreme Court (NYC) or County Court (LI) then hears cases.
X. Duncan v Louisiana
a. ∆ was denied his right to a jury trial even though he was looking at a maximum of 2 years in prison (1968: black man slaps white boy on elbow).
b. Supreme Court reversed and remanded lower court decision, case sent back to be heard by jury.
c. Rule: ∆ has the right to trial by jury when the maximum time he can be punished for is greater than 2 years.
i. REVERSED BY BALDWIN v NY (1970)
1. Serious crime is any crime that carries a punishment of more than 6 months, thus requires a jury trial.
d. All states have different rules for what constitutes a misdemeanor and what constitutes a felony.
XI. US v Daugherty
a. 7 of the DC 9 broke into DOW chemical and destroyed their property (Napalm Gas). Wanted jury to be made aware of their right to nullification
b. Can right of nullification be instructed when the judge charges the jury.
c. RULE (present): Judges have the discretion to decide whether or not they want to charge the jury with nullification and stop the lawyers from doing so.
d. Nullification
i. Jury feels no justice would be served by convicting the ∆ in the case (i.e. Old man murdering his old wife b/c she asked him to ease her of her pain).
ii. Jury thinks the law itself is wrong (a drug addict on the jury wont want to convict a ∆ accused of drug charges).
