jury proceedings

Examples of jury proceedings in the following topics:

• The Exclusionary Rule

  • In strict cases, when an illegal action is used by police/prosecution to gain any incriminating result, all evidence whose recovery stemmed from the illegal action can be thrown out from a jury.
  • The exclusionary rule was passed in 1917, and does not apply in a civil case, a grand jury proceeding, or a parole revocation hearing.

• The Sixth Amendment and the Right to Counsel

  • Brewer goes on to conclude that once adversarial proceedings have begun against a defendant, he has a right to legal representation when the government interrogates him and that when a defendant is arrested, "arraigned on an arrest warrant before a judge" and "committed by the court to confinement . . . there can be no doubt that judicial proceedings have been initiated."
  • Individuals subject to grand jury proceedings do not have a Sixth Amendment right to counsel because grand juries are not considered by the U.S.
  • Supreme Court to be criminal proceedings, which trigger the protections of that constitutional protection.
  • The New Jersey Supreme Court unanimously held that, regardless of whether the proceeding is labeled as civil, criminal, or administrative, if a defendant faces a loss of liberty, she or he is entitled to appointed counsel if indigent.
  • A grand jury investigating the fire that destroyed the Arcadia Hotel in Boston, Massachusetts in 1913.

• Impeachment and Removal from Office

  • A United States federal judge named Walter Nixon was convicted of committing perjury before a grand jury.
  • Impeachment is analogous to indictmentin regular court proceedings.
  • Trial by the other house is analogous to the trial before judge and jury in regular courts.
  • The proceedings unfold in the form of a trial, with each side having the right to call witnesses and perform cross-examinations.
  • Differentiate between the roles played by the House and Senate in impeachment proceedings.

• The Rights of the Accused

  • Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth Amendment, and (maybe) the Excessive Bail Clause of the Eighth Amendment.

• The Sixth Amendment and Jury Trials

  • The right to a jury has always depended on the nature of the offense with which the defendant is charged.
  • Petty offenses are those punishable by imprisonment for not more than six months and are not covered by the jury requirement.
  • It has been held that twelve came to be the number of jurors by "historical accident," and that a jury of six would be sufficient, but anything less would deprive the defendant of a right to trial by jury.
  • Although on the basis of history and precedent the Sixth Amendment mandates unanimity in a federal jury trial, the Supreme Court has ruled that the Due Process Clause of the Fourteenth Amendment, while requiring States to provide jury trials for serious crimes, does not incorporate all the elements of a jury trial within the meaning of the Sixth Amendment and does not require jury unanimity.
  • The Sixth Amendment requires juries to be impartial.

• The Bill of Rights

  • They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public.
  • The Sixth Amendment sets out rights of the accused of a crime: a trial by jury, a speedy trial, a public trial, the right to face the accusers, and the right to counsel.
  • The Seventh Amendment protects the right to a trial by jury for civil trials.

• The Seventh Amendment

  • The Seventh Amendment to the United States Constitution, part of the original Bill of Rights, codifies the right to a jury trial in certain civil cases, and asserts that cases may not be re-examined by another court.
  • In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

• The Fifth Amendment

  • The right was asserted at grand jury or congressional hearings in the 1950s, when witnesses testifying before the House Committee on Un-American Activities or the Senate Internal Security Subcommittee claimed the right in response to questions concerning their alleged membership in the Communist Party.
  • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
  • A grand jury investigating the fire that destroyed the Arcadia Hotel in Boston, Massachusetts in 1913.
  • The Fifth Amendment states that everyone deserves a Grand Jury in the case of a capital crime.

• Resolving Conflicts

  • The proceedings are very formal and are governed by rules, such as rules of evidence and procedure, which are established by the legislature.
  • Outcomes are decided by an impartial judge and/or jury, based on the factual questions of the case and the application law.

• The Right to Due Process

  • In 1934, the United States Supreme Court held that due process is violated "if a practice or rule offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental. " As construed by the courts, it includes an individual's right to be adequately notified of charges or proceedings, the opportunity to be heard at these proceedings, and that the person or panel making the final decision over the proceedings be impartial in regards to the matter before them.
  • The Supreme Court of the United States interprets these two clauses as providing four protections: procedural due process in civil and criminal proceedings, substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights .
  • This protection extends to all government proceedings that can result in an individual's deprivation, whether civil or criminal in nature, from parole violation hearings to administrative hearings regarding government benefits and entitlements to full-blown criminal trials.
  • For example, in 1934, the United States Supreme Court held that due process is violated "if a practice or rule offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental. " As construed by the courts, it includes an individual's right to be adequately notified of charges or proceedings, the opportunity to be heard at these proceedings, and that the person or panel making the final decision over the proceedings be impartial in regards to the matter before them.