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Jury System and Sentencing: An Overview - Prof. Gloria D. Urban, Study notes of Criminal Justice

An overview of the jury system, including the role of the petit jury, venire, affirmative registration, voir dire, jury sequestration, and jury nullification. Additionally, it covers jury deliberations, alternate jurors, sentencing functions, sentencing schemes, good-time credit, and bifurcated trials. The document also touches upon the importance of habeas corpus and the concept of stare decisis.

Typology: Study notes

Pre 2010

Uploaded on 12/06/2009

remarkha
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Chapter 6
Petit Jury: Trial jury.
Venire: People who are potential jurors in a given jurisdiction.
Affirmative Registration: Action on part of women to actively seek to be included on juries.
Voir Dire: (To See, To Speak) The process where jurors are questioned to determine their bias
or prejudices. Not selecting those who do sit on jury but eliminating those who are unsuitable.
Jury Sequestration: Isolate jurors from biasing influences of the press and community. To
make sure their verdict was from the evidence and info presented at trial. Also it encourages
bonding which might have a positive effect on deliberations.
-Many things affect a juror’s decision, Gender, occupation, ethnicity and socioeconomic status.
Jury Nullification: refusal of the jury to apply law where they believe following the letter of the
law wouldn’t be justice.
-Jury absolute authority to acquit the defendant regardless of evidence.
Jury Misconduct:
1. Engaging in Delinquency or lying to avoid service.
2. Engaging in improper or prohibited behavior as a jury.
Chapter 9
Jury Deliberations: Decision-making process of arriving at particular verdicts.
Alternate Jurors: are used if one or more jurors become ill during proceedings.
-In federal district courts juries consist of 12 persons.
-State juries can vary in size from 6-12, the min is 6.
-if there are 6 must be unanimous, but if 12 majority will be fine, unless required under
state law.
-Death penalty must be unanimous.
Polling Jurors: Simply asking the jurors in open court if the verdict expresses their feelings.
Chapter 10
-Sentencing offenders serves the following functions:
-Punishment/just deserts -Incapacitation/crime control
-Rehabilitation -Reintegration (Probation)
-Prevention/deterrence
-Types of sentencing schemes
Indeterminate
Determinate Assign a max and min, buildup of Good-time Credit
Presumptive/Guidelines-based Punish for each crime, according to severity and crime history
Mandatory Must assign a specified period of years for certain offences.
Good-Time Credit: A fixed number of days inmates may accumulate based upon the amount of
time they serve that is deducted from sentence.
In MI it is mandatory penalty of 2 yrs for using a gun during the com ssion of a felony.
-This is to discourage criminals from using weapons when they commit crimes.
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Chapter 6 Petit Jury: Trial jury. Venire: People who are potential jurors in a given jurisdiction. Affirmative Registration: Action on part of women to actively seek to be included on juries. Voir Dire: (To See, To Speak) The process where jurors are questioned to determine their bias or prejudices. Not selecting those who do sit on jury but eliminating those who are unsuitable. Jury Sequestration: Isolate jurors from biasing influences of the press and community. To make sure their verdict was from the evidence and info presented at trial. Also it encourages bonding which might have a positive effect on deliberations. -Many things affect a juror’s decision, Gender, occupation, ethnicity and socioeconomic status. Jury Nullification: refusal of the jury to apply law where they believe following the letter of the law wouldn’t be justice. -Jury absolute authority to acquit the defendant regardless of evidence. Jury Misconduct:

  1. Engaging in Delinquency or lying to avoid service.
  2. Engaging in improper or prohibited behavior as a jury. Chapter 9 Jury Deliberations: Decision-making process of arriving at particular verdicts. Alternate Jurors: are used if one or more jurors become ill during proceedings. -In federal district courts juries consist of 12 persons. -State juries can vary in size from 6-12, the min is 6. -if there are 6 must be unanimous, but if 12 majority will be fine, unless required under state law. -Death penalty must be unanimous. Polling Jurors: Simply asking the jurors in open court if the verdict expresses their feelings. Chapter 10 - Sentencing offenders serves the following functions: -Punishment/just deserts -Incapacitation/crime control -Rehabilitation -Reintegration (Probation) -Prevention/deterrence -Types of sentencing schemes Indeterminate Determinate Assign a max and min, buildup of Good-time Credit Presumptive/Guidelines-based Punish for each crime, according to severity and crime history Mandatory Must assign a specified period of years for certain offences. Good-Time Credit: A fixed number of days inmates may accumulate based upon the amount of time they serve that is deducted from sentence. In MI it is mandatory penalty of 2 yrs for using a gun during the com ssion of a felony. -This is to discourage criminals from using weapons when they commit crimes.

Habitual Offenders: Those who commit new crimes frequently and serious victim injury/death. Truth in sentencing: Serving most of the sentence imposed, max one’s incarceration under law. Aggravating Circumstances: Things that would hurt the defendant. Mitigating Circumstances: Things in favor of the defendant. PSI Report: Is a written summary of info obtained by probation officers concerning an investigation of the offender’s background and other relevant evidence. Functions: 1) Provide info for offender sentencing. 2) Aid probation officers 3) Aid jails to classify offenders. 4) Give parole board a clear background of the offender. Bifurcated Trials: 2 stage process, 1st^ main trial, then if found guilty then they jury meets to consider the punishment and whether the death penalty should be imposed. Appeal: The point of appeal is correct a wrong by the, police, prosecution, judge or court. Stare Decisis: Once a higher court has ruled a certain way then lower courts are expected to rule accordingly. Habeas Corpus: “produce the body” Habeas Corpus petition challenges 3 things:

  1. Fact of confinement -Every event that led to the present circumstances
  2. The length of confinement
  3. Nature of confinement -150 freed from DNA evidence -Michigan allows a lot of media coverage and the judge has broad discretion.