CJ227 Criminal Procedure

1. CJ227 Criminal Procedure Welcome to our Seminar!!! (We will begin shortly) Tonight – Unit 8 (Chapter 14 – Jury Instructions and Deliberations) (Chapter 15 – Verdicts and Appeals)

2. CJ227 Criminal Procedure - Unit 7 Review • In our Unit 7 seminar we discussed: • Chapters 12 & 13 • Juries • Juror qualification • Trial Procedures • Opening Statements • Witness Examinations • Objections to Testimony • Insanity

3. CJ227 Criminal Procedure - Unit 8 Preview • In Unit 8 we will discuss: • Chapters 14 and 15 • Jury instructions • Deliberations • Hung juries • Verdicts • Appeals • Mistrials

4. CJ227 Criminal Procedure - Unit 8 • What are jury instructions? • Who creates the jury instructions? • Who has the responsibility of instructing the jury?

5. CJ227 Criminal Procedure - Unit 8 • The purpose of jury instructions (aka charging instructions) is to provide a guide or framework for the jury to use in their deliberations. They instruct the jury on the law in the case. During the instructions to the jury, the judge will summarize the law to the jurors and explain any law that was not raised at trial. • Generally, proposed jury instructions are submitted by the prosecution and defense to the judge, prior to closing arguments. The judge reviews the instructions and selects those as applicable. The judge can also add additional instructions.

6. CJ227 Criminal Procedure - Unit 8 • Examples of jury instructions: • Jury must determine facts only from evidence presented in court. • Jury must conscientiously weigh and consider the evidence given • Jury may consider the demeanor of a witness as an measure of his/her credibility. • Jury may not consider any statement that was stricken from the record.

7. CJ227 Criminal Procedure - Unit 8 • May the judge comment on the evidence in a case before sending the jury into deliberate? • What are deliberations? • What is the function of the foreperson? • What materials are allowed in the jury room?

8. CJ227 Criminal Procedure - Unit 8 • Some courts and fed court allow the judge to summarize the evidence for the jury. Comments about the sufficiency of the evidence, guilt or innocence of the D are NOT allowed. • Deliberation is the decision making process juries go thru to reach a verdict in a case. Prior to beginning deliberations, the jury selects a foreperson. The forepersons job is to act as the leader or spokesperson for the jury. ONLY jury members are allowed in the jury room….even alt jurors are not permitted. • The jury may bring into the jury room and all evidence introduced at trial (other than depositions). A majority of states allow jurors to take notes during the trial, however, there are strong opinions on both sides as to the wisdom of allowing note taking.

9. CJ227 Criminal Procedure - Unit 8 • What is a hung jury? • What happens if there is a hung jury? • What is an Allen charge? • Do all verdicts have to be unanimous?

10. CJ227 Criminal Procedure - Unit 8 • A hung jury is a jury which cannot reach a decision in a case. This usually results in the judge dismissing the jury and a mistrial being declared. Must judges are highly reluctant to find a hung jury and declare a mistrial. A mistrial may be declared at any point in the trial. • An Allen charge/instruction is the court reminding the jury members of their obligations and that the views of others should be given due weight and consideration as they continue deliberations.

11. CJ227 Criminal Procedure - Unit 8 • Unanimous verdicts are based in tradition and not required under the constitution. • Some states allow less than unanimous verdicts in non-death penalty cases. • Variations include 11-1, 10-2 and 9-3. • If the jury is comprised of only 6 persons, then the verdict must be unanimous.

12. CJ227 Criminal Procedure - Unit 8 • What is a verdict? • What is a request for a new trial and how does it differ from a mistrial? • What is motion for arrest of judgment?

13. CJ227 Criminal Procedure - Unit 8 • A verdict is the name given to the final decision that the trier of fact makes in a case. The foreperson hands the verdict to the bailiff, who hands it to the judge to read and then it goes back to the foreperson to be read in open court. • A request for a new trial is made by one of the parties, usually the losing side. Many states limit or prohibit the pros from making a motion for a new trial. • It cannot be made until a verdict has been reached by the jury. Valid basis for granting a motion for new trial are set forth in the statutes of the jurisdiction, but typically deal with newly discovered evidence, improper evidence, testimony, statements by an atty. • Motion for arrest of judgment is based on statutory grounds such as insanity of the D at the time the judgment is to be pronounced (D may not be sentenced while found to be insane). If the arrest of judgment is granted, it is stayed (delayed) until the defect is cured. If it is denied, the case proceeds to the pronouncement of judgment.

14. CJ227 Criminal Procedure - Unit 8 • What is an appeal?

15. CJ227 Criminal Procedure - Unit 8 • An appeal is a challenge to a decision of a lower court. The losing side requests that a case be reviewed and reversed based on a defect of law or procedure at the trial level. • No new evidence or testimony is heard during an appeal. The appellate court only reviews the proceedings at the lower level to determine if there has been a mistake of law or procedure. • A request for appeal may be accepted or rejected by the appellate court (discretionary appeal) Only in death penalty cases do most courts allow an appeal as a matter of right (Mandatory appeal). • Decisions of the appellate court are: • Affirmed. • Reversed. • Remanded (returns case to lower court for a hearing or determination a specific issue) • Reversed and Remanded (The lower court decision is set aside and the case is returned to the lower court for a new trial or dismissal of the charges.

16. CJ227 Criminal Procedure - Unit 8 -- Review • In Unit 8 we have discussed: • Chapters 14 and 15 • Jury instructions • Deliberations • Hung juries • Verdicts • Mistrials • Appeals

17. CJ227 Criminal Procedure - Unit 9 -- Preview • Our LAST seminar for this class!! • In Unit 9 we will discuss: • Chapters 16, 17 and 18 • Sentencing • Collateral proceedings • Victim’s rights …and as always….much, much more…I look forward to seeing everyone on the boards this week and in seminar next week…until then, make this week a great one! Thank you!