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ch2 jury system (right to trial by jury (complex exception? NO!!…
ch2 jury system
right to trial by jury
criminal case
civil case
complex exception? NO!!
different from UK
no precedent
no reliable criteria to define complex
complex for bench trial as well
constitutional process
grand jury
grand jury
enough evidence to prosecute the defendant or issue indictment(formal charge)
state optional
some statement for all crime
some states for felony
some state even use for civil investagation
only federal criminal case
jury of inquest or coroner'sjury
unexplained death need the criminal investigation
trial jury
decide the fact(civil)
the jury verdict
jury instruction
preponderance of the evidence
hearsay
proof beyond a reasonable doubt
outside influence on juries
sequester、sequestration=prevent from communication
split juries and hung jury
criminal-unanimous
civil-simple majority or 2/3
when the problem of hung jury , the court may declare mistrial and hold again with new jurors
after the verdict
judgement not withstanding the verdict
jury nullification
disregard the instruction of judge
selection of the trial jury
(the process to produce the list of potential jury)Venire
(the process where the suitability could be challenge)Voir Dire
peremptory challenge(without cause)
for cause
the debate about the role of judge and jury