LESSON MATERIALS THE RIGHT TO A TRIAL BY JURY. Glossary

Transcription

1 LESSON MATERIALS THE RIGHT TO A TRIAL BY JURY Glossary Jury a group of persons selected by law, to determine the facts concerning a case and to render a verdict to a court. Peers in juries, a person of the same legal status from the same area; however, people often consider peers as being people of their same race, class, age, profession, or other groupings Jury of Peers a group of persons of the same legal status, that is equal to another in abilities, qualifications, age, background and social status, that will determine the facts of a case and render a verdict. Verdict a judgment, decision, the answer of a jury to the court concerning a matter submitted to their judgment. Impartial not partial or biased, fair, to not favor one side over another. Double Jeopardy putting to trial or punishing a person who has already been tried or punished for the same crime. Self-incrimination incriminating (to accuse or to give proof against yourself) oneself, especially by giving evidence or testimony. Due Process the constitutional guarantee of due process of law, found in the Fifth and Fourteenth Amendments to the U.S. Constitution, prohibits all levels of government from arbitrarily or unfairly depriving individuals of their basic constitutional rights to life, liberty, and property. Search and Seizure examination of a person's property by law enforcement officials investigating a crime and the taking of items as potential evidence Writs of Assistance were court orders that authorized customs officers to conduct searches of premises for contraband. The exact nature of the materials being sought did not have to be detailed, nor did their locations, nor did the person being searched. Search Warrant a court order authorizing the search of a residence or other private building by police officials.

2 1. What does it mean to be impartial? 2. What is an impartial jury? 3. What is needed to make up an impartial jury? 4. What are the results of a jury that is not impartial? 5. Could a jury that was not impartial be good for you? Explain.

3 1. What is Double Jeopardy? 2. If you can ask for a new trial when you are guilty of a crime and have a retrial (an appeal), then why can t you be tried a second time when found innocent of a crime? 3. Is double jeopardy right? Explain. 4. What happens if new evidence is found that can prove your guilt? 5. Is Double Jeopardy an outdated concept? Should it be taken out of the Constitution?

4 1. What is a jury of your peers? Discussion Questions 2. Why is it one of the fundamental principles of our legal system? 3. What could the results be if you went to trial without a jury? 4. Who do you consider your peers? 5. The jury at your trial would most likely be a random sample of eligible people in your county. Do you think that group would decide differently than your answer to #4? Explain. 6. Would you want to serve on a jury? Explain. Note: Nowhere is jury of peers guaranteed by the US constitution.

5 1. What is self-incrimination? Discussion Questions 2. Why is it against the constitution to force an accused to confess to the charges brought against them? 3. What if the accused really did the crime? What if we know and can prove they did the crime? Why still can t the accused be forced to tell the truth? 4. What about truth serum? 5. Would you incriminate yourself if you were accused of a crime and you knew that you were guilty? Really?

6 1. What is search and seizure? 2. Why were the colonists so angry about the Writs of Assistance? 3. What is a search warrant? 4. Today there are a lot of restrictions on a search warrant, such as: it needs to list the specific place or places they intend to search, specifically what they are looking for, the accused s name must be spelled correctly, etc. Is this too much? Should a search warrant be more like the writs of assistance?

7 1. What is due process? 2. What does this mean for the accused person? 3. Why are you to be told of your rights before you are arrested? 4. Do you feel an accused person has too many rights? Explain.