CJ 4450 Study Guide - Midterm Guide: Jury Sequestration, Gag Order, Misdemeanor

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Document Summary

Constitution and criminal justice cont"d: right to counsel. Historically, right to counsel only extended to those who could afford it. However, most defendants in the cjs are indigent and cannot afford an attorney. Today right to appointed counsel extends to some misdemeanors (those resulting in incarceration: trial by jury. Found in article iii of the constitution, the 6th amendment, and the 7th amendment. Thought to be jury of peers, but applied as a representative cross-section of the community : however, this may not be possible due to exclusion of some community members from jury service. E. g. convicted felons, those not registered to vote, etc. Also, size of a jury is an issue: typically, felony and capital trials are 12 person, with unanimous verdicts, typically, misdemeanor trials are 6 person, with unanimous verdicts (nc uses 12) Jury selection: three big issues seen in case law: publicity, race, and gender.

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