Criminal Procedure Journal

write at least a 300-word reflection Journal summarizing the two chapters, key terms and on what you have learned from both chapters
Chapter 10: “Jury”
This chapter is an examination of the: who, what, when, where, and why of the United States jury system.
Chapter 11: “Trial Procedure”
This chapter outlines the criminal trial process, the order in which a trial takes place as well as the level of proof that is required to gain a conviction. In addition, what happens when there is a mistrial and any syndromes or mental illness issues that may impact the trial are explained.
Jury of one’s peers: A guaranteed right of criminal defendants, in which “peer” means an “equal.” This has been interpreted by courts to mean that the available jurors include a broad spectrum of the population, particularly of race, national origin, and gender. Jury selection may include no process which excludes those of a particular race or intentionally narrows the spectrum of possible jurors. It does not mean that women are to be tried by women, Asian-Americans by Asian-Americans, or African Americans by African Americans.
Reasonable doubt: The burden of proof that is required before a defendant may be convicted of a crime. The burden is on the prosecution to prove a fact with a high degree of certainty.
Peremptory challenge: The right of the plaintiff and the defendant in a jury trial to have a juror dismissed before trial without stating a reason. This challenge is distinguished from a “challenge for cause” (reason) based on the potential juror admitting bias, acquaintanceship with one of the parties, or their attorney, personal knowledge about the facts, or some other basis for believing he/she might not be impartial.
Reasonable doubt: Not being sure of a criminal defendant’s guilt to a moral certainty. Thus, a juror (or judge sitting without a jury) must be convinced of guilt of a crime (or the degree of crime, as murder instead of manslaughter) “beyond a reasonable doubt,” and the jury will be told so by the judge in the jury instructions.
Voir Dire examination: Voir dire consists of oral questions asked of prospective jurors by the judge, the parties, or the attorneys, or some combination thereof. This oral questioning, often supplemented by a prior written questionnaire, is used to determine whether a potential juror is biased, knows any of the parties, counsel, or witnesses, or should otherwise be excluded from jury duty. Voir dire is a tool used to achieve the constitutional right to an impartial jury, but it is not a constitutional right in itself.

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