Criminal Jury Trial Process in California

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Criminal Jury Trial Process in California Powered By Docstoc
					CRIMINAL JURY TRIA
PROCESS IN CALIFORNI
The Accused
in California
  The accused in a criminal
  prosecution in the state of
 California has a right to have
their case heard, and decided,
    by a jury of their peers
       The
Sixth Amendment
“In all criminal prosecutions, the accused shall enjoy the
 right to a speedy and public trial, by an impartial jury
     of the State and district wherein the crime shall
  have been committed, which district shall have been
  previously ascertained by law, and to be informed of
the nature and cause of the accusation; to be confronted
  with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have
         the Assistance of Counsel for his defence.”
         Article 1,
Section 16 of the California
       Constitution
TRIAL BY JURY is an inviolate
right and shall be secured to all,
but in a civil cause three-fourths
of the jury may render a verdict
   A jury may be waived in a criminal
  cause by the consent of both parties
expressed in open court by the defendant
      and the defendant's counsel
 Alternatives
to a Jury Trial
No one can take away
Constitutional rights
You can waive your rights
   You might waive a jury trial
because you reached an agreement
 with prosecutor and are entering
      into a plea agreement
You might also waive your right
because you elect to have a trial
       by judge instead
Jury Selection (Voir Dire)
  Prospective Jury Pool
        Right to a jury of your “peers”


Prospective juror names randomly pulled from
 voter registration records and motor vehicle
                  registrations


       Summoned to appear for jury duty
  Juror
QUESTIONING
Judge explains case to prospective jurors, and
    explains duties and responsibilities
Judge provides name of parties involved in case

   Jurors are questioned by prosecutor and
               defense attorney
  Judge may also question prospective jurors

 Purpose is to determine if a prospective juror
                   has a bias
    Also used to decide if parties want the
     individual to be part of the final jury
Challenges
 for Cause
   Challenge for cause requires a
reason such as the prospective juror
knows a party to the case outside of
          the courtroom
Peremptory
CHALLENGES
            Do not require a reason

Each side entitled to 10 peremptory challenges
             in criminal jury trial

Each side entitled to 20 if death penalty/life in
                  prison case

Used to keep someone off the jury for a reason
 that does not qualify as a “for cause” reason

 After all peremptory challenges used by both
sides the remaining 12 people (plus alternates)
             make up the final jury
The
Trial
  Opening statements made by both sides

 Burden on state to prove defendant guilty
       beyond a reasonable doubt

 Witnesses testify and evidence introduced

Defense not required to present any evidence
              but usually does
Defendant and attorney decide if defendant
                 testifies

     Closing statements by both sides

Judge instructs jurors what they do next and
  what the rules on regarding deliberation
Deliberation
 Jurors sent to separate room to deliberate

             Elect a foreperson

         Discuss and deliberate case

      Must reach a unanimous verdict

If cannot reach unanimous verdict referred to
   as a “hung jury” and case must be re-tried
Advantages and
Disadvantages
 TO A JURY TRIAL
  Consult with California criminal
  defense attorney before making
decision regarding jury trial options
    Certain degree of risk with
jury trial because it is impossible
   to know who will be on jury
Jurors could relate well to you
 or could be unable to relate
  Your attorney should be able
to evaluate the facts of your case
    and provide insight into a
     typical jury in the area
LEARN MORE ABOUT CRIMINAL JURY
  TRIAL PROCESS IN CALIFORNIA
www.attorneylombardo.com
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Description: The accused in a criminal prosecution in the state of California has a right to have their case heard, and decided, by a jury of their peers. Learn more about criminal jury trial process in California in this presentation.
Domenic J.  Lombardo Domenic J. Lombardo Criminal Defense Attorney http://www.attorneylombardo.com/
About Domenic J. Lombardo, (Attorney at Law) graduated from University of California, Los Angeles (U.C.L.A.), earning a B.A. in Economics-Business, before graduating with his J.D. from University of California, Hastings School of Law. He passed the California Bar Examination on the first try, and immediately began practicing as a criminal defense attorney in San Diego, California. Mr. Lombardo worked as a defense lawyer at the San Diego Office of the Public Defender from 1991 to early 1996.