SPEA-J - Public And Environmental Affairs SPEA-J 306 Lecture Notes - Lecture 3: Jury Trial, Standard Operating Procedure, Verdict

SPEA-J - Public And Environmental Affairs
Course Code
SPEA-J - Public And Environmental Affairs SPEA-J 306
Cale Bradford

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Judicial Selection
Federal Model
- Governor gets to pick who they want
- Legislature makes sure nominees are
Partisan Elections
- Like any other election; very political
- Benefits: voters get to pick; judges can’t
get to comfy; judges are held
- Drawbacks: where the money comes
from; campaigns can get really ugly
Non-Partisan Elections
- An election but candidates are not
identify for a political parties
Cannot donate to parties
Can’t hold an office for a political
- Benefits: mostly the same as partisan
- Drawbacks: usually pretty clear what
party they support; they still have to
Merit Selection
- Step 1: judicial nominating committee
They choose 3 candidates to be
All applications are public
- Step 2: governor has of choose from the
list of 3 (has 60 days to pick)
- Step 3: retention election; Y or N on the
back of the ballot
- Benefits: focus on merit & qualification;
can vote them out; nominating
committee is diverse
- Drawbacks: voters don’t get to choose
who is selected; retention can get very
Legislative Appointment
- No judicial nomination committee
- Legislature picks who they think is best
- Benefits: more thorough vetting process;
accountability through legislatures
- Drawbacks: little to no accountability;
judges are chosen by politicians, risk for
Jury Trial
Voir Dire → Jury Selection
- Potential jurors get a summons
Jury pool has to represent a Fair
Cross-Section of the community;
pool selection has to be fair and
Jury pool comes from voter
registration, BMV records, tax
records, telephone directories,
property tax records, & utility
- Jury pool is asked questions by Judge,
pros, & ∆ atty
- Challenges for Cause: potential jurors
says something that shows they can’t be
fair, they are excused for causation
- Preemptory charges: each side gets 10;
can excuse a juror for almost any
Exception → Batson v. KY: cannot
remove a juror simply b/c they are a
- Alternative Juror: usually select @ least
1 if the case is longer than 1 day
- Double Jeopardy attaches as soon as
the jury is sworn
- Sequestered Juries: jurors have to stay
in a hotel, usually b/c there is too much
∆ has this right in a death penalty
- Change of Venue: it’s too high profile of
a case w/ too much publicity that a fair
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jury cannot be selected so trial location
has to be moved
Preliminary Instructions
- Judge reads a list of instructions to the
jury to help them better understand their
Opening Statement
- Some believe that 90% of cases are
decided by the end of opening
- To tell the jury what the evidence will
show throughout the trial
- 2 types: witness & exhibits
- Pros gives evidence 1st (b/c they have
the burden of proof), direct exam of
witnesses, then ∆ can cross-examine
Pros can re-direct & ∆ can
sometimes re-cross
- ∆ can present evidence if they want
- Pros can call rebuttal witnesses
- Saying that some elements of a charge
are not being met
- Ask for a directed verdict: throwing out a
Closing Arguments
- Most anything goes
- Talk about what the evidence showed,
who they think is credible, & ask for the
verdict they want
Final Instructions
- Just more advice & information on the
law & how to do the best job they can
- Gives a lot of legal definitions
- Ordered not to let sympathy or prejudice
cloud judgement
- Told to select a foreperson when they
get to the deliberation room
This person signs the verdict form
for each count
- Try to get a unanimous verdict
Can’t force them to reach a verdict
If a jury is hung → mistrial
- Can’t separate once deliberations start
Can’t send them home during.
Usually sequester
- Foreperson reads the unanimous
Crime Labs
CSI Effect
- TV shows like CSI create an over
expectation of scientific evidence
- Funding & backlogged
- These cause problems all the way
through the court system
- Bringing in an outside source to look @
quality, facilities, procedures,
equipment, security, & personnel
- Most recognized: ASCLD
Standard Operating Procedures
- Standards & procedures on how to carry
out a task
- Reduces the chances of error
- Provide guidelines for people to follow
- Brings more credibility to the process
- Have to have being doing this job for @
least 2 years
- Review of an individual
- Have to do a written and practical test
- Establishes pro levels of knowledge,
skills, & abilities
Disciplines of Most Crime Labs
- Latent Prints
- Serology → ID of body fluids
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