CRJS 475 EXAM 3 Q&A 2022/2023

Grand Jury - Answer - is presented with evidence from the U.S. attorney, the prosecutor in federal criminal cases. The grand jury determines whether there is "probable cause" to believe the individual has committed a crime and should be put on trial. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant. Consists of 16-23 people. Grand jury proceedings are not open to the public. Defendants and their attorneys do not have the right to appear before the grand jury. Purpose of a Jury - Answer - are charged with the responsibility of deciding whether, on the facts of the case, a person is guilty or not guilty of the offence for which he or she has been charged. The jury must reach its verdict by considering only the evidence introduced in court and the directions of the judge. Historical Prospective on Juries - Answer - Trial by Jury first used in Athens in 500 or 600 BC Juries comprised of 35-75 people, were then employed by the Romans During the ninth century they appeared in France and transferred to England. First formalized in the Magna Carta of 1215, signed by King John. Codified in Article III, Section 2 of the U.S. Constitution. The Sixth Amendment guarantees the right to a jury trial in all criminal prosecutions. Where Juries are codified in American Law - Answer - Constitution Article III Section 2 and in the 6th and 7th amendments Who is entitled to a trial by jury and how it can vary by state? - Answer - Criminal Defendants The right to trial by jury in a criminal case resides in both Article III, Section 2 of the federal Constitution ("The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury") and the Sixth Amendment ("In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury"). But the right isn't as broad as those texts might suggest, meaning that many defendants have to settle for judge trials, where the court decides whether the defendant is guilty. (And even where defendants are entitled to juries, verdicts don't always have to be unanimous bench trial - Answer - a trial held before a judge without a jury present jury size - Answer - 14th Century England: fixed at twelve Williams v. Florida (1970): The size of twelve jurors is not a constitutional requirement. Six-person juries are constitutional in the states, except in capital cases. Ballew v. Georgia (1978): Fewer than 6