POLS 4720 Lecture Notes - Lecture 13: Petit Jury, William Rehnquist, Jury Trial
19 Apr 2018
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Note 5 explains the background of the case and helps to clarify the need for jury trials. In short, the county where the offense occurred was controlled by an openly racist family. Duncan was arrested and rearrested at least 8 times for the same offense in an attempt to teach him a lesson. The county wanted him tried in front of a judge because it guaranteed a conviction. Du(cid:374)ca(cid:374)(cid:859)s attorneys were eventually able to prove this was a vindictive prosecution. Ballew v. georgia five person jury is too small. Juvenile court proceedings against a youthful offender are not considered to be criminal in nature, and there is no right to a jury trial in such proceedings. Oregon and louisiana allow for verdicts from juries that are not unanimous. Supreme court has upheld 11-2, 10-2, and 9-3 verdicts. This caused a great discrepancy in the number of women on the jury panel compared to the population.
