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Law Outlines Criminal Law Outlines

Juries Right To Jury, Selection, Nullification, Instructions Outline

Updated Juries Right To Jury, Selection, Nullification, Instructions Notes

Criminal Law Outlines

Criminal Law

Approximately 94 pages

Criminal Law with Professor Rachel Barkow at NYU School of Law.

This is a synthesis of all topics in a fall 2019 class, Criminal Law at NYU School of Law. My notes consist of the important elements of each doctrine, the unsettled areas, and policy justifications....

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The following is a more accessible plain text extract of the PDF sample above, taken from our Criminal Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

The Role of the Jury

Theme: Juries are powerful checks on gov in theory, limited in practice

Fundamental right to jury Jury Nullification Jury Selection

6th amendment right incorp to states by 14th amendment, right if punishment > 6 mo. (Duncan)

Because

  • Long tradition and commitment

  • Juries checks gov, exercises discretion/leniency, equity dispensing

  • 12 people w/ diff. backgrounds and perspectives, no legal training, no allegiance to gov

  • Civic participation

Scope of jury power: can acquit or nullify for whatever reason

Problems: ignorant, no follow instructsion, no legal training

No JN instruction (Dougherty)

Because

  • Fear anarchy, rampant misuse

  • People already know JN or can find out

Problems

  • People don’t know

Use of preemptory challenges to strike jurors w/o reason

  • Cannot use for gender or race (diff. to prove)
Jury Instruction Re Sentencing

Often not tell jury what the potential sentence is if convicted

Problem:

  • Jurors not know unless word of month

  • In theory, jury has absolute power to acquit and nullify, but in practice, limited

    • (1) jury selection (esp practices of striking unhelpful jurors and explicit/implicit racial bias)

    • (2) jury instructions

      • Not told potential sentences

      • Not told power of JN

  • Right to jury trial is fundamental and guaranteed in the states by 14th DP clause if offense carries punishment exceeding 6 months imprisonment (incorporated from 6th A)

    • Incorporated by Duncan - crime punished up to 2 years, he has right to jury trial

      • Duncan doctrine: right to jury (6th) is fundamental and is incorporated by the 14th Amendment, you are entitled to this right if the offense is punishable by at least six months

      • Fundamental because it checks against government oppression (historical basis), give juries discretion

      • Studies show that most of the time juries and judges would agree on the outcome; if they differ, juries come out in favor of leniency

    • Federal court: right to jury trial comes from 6th amendment

    • Policy

      • Juries check government's arbitrary/oppressive decisions

      • Long history and commitment to juries

      • Jurors have variety of experiences (12 vs. 1), no legal training, no affliation with the government, not elected (versus elected judges)

      • Provides great civics education

      • Juries discretion is exercised positively - equity dispensing, rule for leniency

    • Problems

      • juries are ignorant, not follow instructions, no legal training

      • Note: juries and judges usually agree; juries disagree in favor...

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