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Lecture 20

CRJU 203 Lecture Notes - Lecture 20: Peremptory Challenge, Bench Trial, Jury Trial


Department
Criminology and Criminal Justice
Course Code
CRJU 203
Professor
Theresa Clement
Lecture
20

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CRJU 203 Ch. 4 Part 3
Can take final on last day of classes or during final exam week
If you are satisfied with your grade you are done by Thanksgiving
No book questions on final exam. Cumulative notes. Have to drop lowest final exam or test grade
Trial Procedure and Selecting a Jury
Trial Jury is known as a pedite jury. 12 jurors plus alternates.
When selecting a jury, a blind man or a child under age 6 draws a jury. This is the law, but never used
unless requested.
We challenge or strike them to keep them off jury
Challenge for cause or Strike for cause. Reason you are getting rid of potential juror. Must present
potential bias for why the juror would discriminate against client
Peremptory challenge or peremptory strike. For every trial you get a certain number of them that you
a use. No reaso for ias ou just do’t at the.
Ca’t strike for rae, ethiit, se, ad religio. Ca strike for other reasos just ot these.
There may come a point at which you have reason to believe that the other side is using their
peremptory negatively
Batson vs. Kentucky: defendant has equal protection from improper strikes. The prosecution cannot
strike improperly. Prosecution cannot make false assumption that someone of a particular race could
not be fair if someoe of their sae rae as eig tried. Ca’t strike all Hispai jurors for a Hispai
defendant. Court also said that the juror has equal protection right to serve on jury. Not only does it
protect defendants right, but the jurors.
Defense has to establish a prima facie case of discrimination. First defense established that their client is
a member or a recognizable group. Then defense will say prosecution used peremptory challenges to
strike potential jurors that match my clients race. They were racially discriminating against that juror
and my client. At that point the judge will look at prosecution and explain why they strike those
potetial jurors. You do’t usuall hae to eplai a strike uless there sees to e a ase of
discrimination. Race neutral reason as to why they strike. Mere pretext is actually striking for race, but
explaining some other reasons. We get around this by showing the judge that their reason they strike
that person (not based on race) you let the white nurse on and not the Hispanic nurse. Judge will then
decide if there is purposeful discrimination. If the judge finds that there was discrimination of selecting
jury, then we throw that jury out and select a new jury.
What if the defense is striking improperly? Reverse Batson. Batson is when the prosecution strikes
improperly so when defense does it it’s called Reverse Batson.
find more resources at oneclass.com
find more resources at oneclass.com
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