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Jury Trial Analysis

Jerry J Lynch Jr

CJA364

Matthew Taylor

11/21/2011




























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Jury Trial Analysis

'Our great country oI ours operates under a jury system, and as much as we seem to

complain about our criminal justice system, we all must admit that we know no other way to

operate the system, except possibly by Ilipping a coin. A Ilip oI the coin would neither Iind the

guilty person nor let the innocent person go Iree. It is up to the Bill oI Rights to help insure the

rights oI all citizens is upheld to the Iullest extent oI the law.

A jury is a group oI complete strangers who are brought together to determine the Iate oI the

person who is accused oI a crime. Those people who are selected to here the jury trial are called

jurors. It is a right oI an individual to have a jury trial is based on the constitution oI American

Law.


The jurors that are selected are picked based on being peers within the community oI the

accused. The onset oI Jury`s compiled primarily Caucasian males but as time has passed it now

consists oI all races and genders that are considered peers to the accused. Everyone accused has

the constitutional right to be judged by their peers or a judge on a jury trial. The accused not

only have the right to a jury trial according to the sixth amendment, the accused is also allowed

to a speedy trial by an impartial jury. The jury is supposed to be non-biased on any way based on

the testimony.

Felony jury trials consist oI 12 jurors. A misdemeanor trial consists oI 6 jurors. The level oI

the crime and the seriousness oI the crime determines what the case will be charged with and that

determines the number oI jurors on trial. In civil cases it is also typically six jurors. The jury is

selected Irom what is known as the jury pool. It includes alternates on standby who are able to

take the place oI the jurors iI they get excused Ior various reasons. The jurors are selected by the

court clerk telling the twelve people to go to the jury box. The judge will then take a moment to
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explain what the case involves and the nature oI the case. The judge will then inquire iI there are

any jurors who Ieel Ior any reason that they cannot be on the jury. The lawyers then will start

their questioning and their answering period which can include potential questions Irom the

judge as well. The questioning will include but will not be limited to whether the potential has

any previous inIormation about the cars. The jury hears the case inIormation and then they

deliberate and decide the Iate oI the accused. It is up to the jury to decide the guilt or not guilty

oI the accused.
The constitutional rights that are assessed during the accused rights are upheld by the Bill oI
Rights. The two oI the most well known rights are that the accused is presumed innocent until
proven guilty and that the prosecution has to prove the accused guilty beyond a reasonable doubt.
The other rights that the accused have is a right to a speedy trial, a right to a jury trial, a right to
be represented by an attorney, a right to adequate representation as well as the right to not be
tried twice Ior the same crime. According to "Criminal DeIendants' Rights During Trial: The
Bill OI Rights" (n.d.) The accused also has the right to remain silent and cannot be Iorced to
speak during their trial. The sixth amendment gives the accused the right to conIront the
witnesses or the accusers as well.
All American citizens are covered by Iundamentally important rights that protect everyone
during a jury trial. It helps to ensure that all citizens receive a Iair and speedy trial. It is there to
ensure that everyone has the representation that is awarded them during a trial. Everyone is
eligible to receive a jury trial with a jury oI their peers to hear the case. It is not only
Iundamentally right but Iundamentally necessarily. The Bill OI Rights is there to protect and
serve every citizen in this great nation oI ours.

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ReIerences
Criminal DeIendants' Rights During Trial: The Bill oI Rights. (n.d.) Retrieved Irom
http://www.nolo.com/legal-encyclopedia/deIendants-rights-during-court-trial-29793.html