Media Tool“Due Process - Let's Make a Deal: The Plea Bargain” ○ Video edition of Rutger’s Due Process TV channel, explores the phenomenon of the plea deal, beginning with a look inside Judge Martin Cronin's Essex County courtroom. ○ Discussion:What motivates persons to accept please deals? Is it fear? Is it coercion? Why do so few choose to take their chance at trial? And could some of them be innocent?IV.How is the Jury Selected?Lesson Objective 4:Contrast challenges for cause and peremptory challenges during voir
direLesson Objective 5: List the standard steps in a criminal jury trialA.The initial step in a criminal trial involves choosing the jury. The main goal of jury selection is to produce a cross section of the population in the jurisdictionwhere the crime was committed. B.Besides having to live in the jurisdiction where the case is being tried,there are very few restrictions on eligibility to serve on a jury. State legislatures generally set the requirements, and they are similar in most states. For the most part, jurors must be:1.Citizens of the United States.2.Eighteen years of age or over.3.Free of felony convictions.4.Healthy enough to function in a jury setting.5.Sufficiently intelligent to understand the issues of a trial.6.Able to read, write, and comprehend the English language, with one 7.exception—New Mexico does not allow non-English-speaking8.citizens to be eliminated from jury lists simply because of their lack of 9.English-language skills.C.Voir Dire– questioning of prospective jurors (French for “to speak the truth”). During voir dire, jurors are required to provide the court with a significant amountof personal information, including home address, marital status, employment status, arrest record, and life experiences.1.The court ultimately seeks jurors who are free of any biases thatmay affect their willingness to listen to the facts of the case impartially.D.Challenges for Cause - if a defense attorney or prosecutor concludes that a prospective juror is unfit to serve, the attorney may exercise a challenge for causeand request that that person not be included on the jury. 1.Attorneys must provide the court with a sound, legally justifiable reason for why potential jurors are “unfit” to serve.E.Peremptory Challenges - each attorney may also exercise a limited number of peremptory challenges.1. These challenges are based solely on an attorney’ssubjective reasoning, and the attorney usually is not required to give any legally justifiable reason for wanting to exclude a particular person from the jury.F.Race and Gender Issues in Jury Selection - for many years, prosecutors used theirperemptory challenges as an instrument of segregation in jury selection.1.The Supreme Court reversed this policy in 1986 with Batson v.
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- Fall '17
- GEORGE WEISSINGER