Difference between revisions of "Right to Trial by Jury"
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The jury may have as few as 6 people and the panel must be selected from a group that is representative of the general population in which the defendant is being charged.<ref>Taylor v. Louisiana, 419 U.S. 522 (1975)</ref> | The jury may have as few as 6 people and the panel must be selected from a group that is representative of the general population in which the defendant is being charged.<ref>Taylor v. Louisiana, 419 U.S. 522 (1975)</ref> | ||
| + | |||
| + | ==Jury Selection== | ||
| + | Jury is selected through a process called '''Voire Dire'''. '''Voir Dire''' refers both to the procedure for selecting jurors and also the procedure for determining whether an expert witness has the qualifications, education or experience to act as an expert. | ||
=Notes= | =Notes= | ||
<references/> | <references/> | ||
Revision as of 11:02, 10 August 2010
Background
In many jurisidctions the defendant has a right to a jury trial. A jury trial is a trial in which normal citizens, not judges, make findings of either fact or law that are binding on the defendant.
United States
In the United States, the defendant has a right to jury trial for everything but "petty offences" [1] The United States Supreme Court has concluded that petty offenses include offenses for which the defendant can be sentenced to more than six months. The right to a jury trial does not hinge on whether the defendant is actually sentenced to prison or not. Both the defendant and the prosecutor must waive the right to a jury trial. In cases where both parties waive the right to a jury trial, the judge acts as the factfinder. This is called a bench trial.
The jury may have as few as 6 people and the panel must be selected from a group that is representative of the general population in which the defendant is being charged.[2]
Jury Selection
Jury is selected through a process called Voire Dire. Voir Dire refers both to the procedure for selecting jurors and also the procedure for determining whether an expert witness has the qualifications, education or experience to act as an expert.
