The Rareness of Fairness
What factors might make the trial unfair?
Difference in quality of lawyers, difference in ability to communicate, prejudice of the judge.
How many jurors are in a standard US jury?
12
Fill in the blanks: ____________ until ___________ ______________.
Innocent until proven guilty.
"You have the right to remain __________."
"You have the right to remain silent."
T/F If most of the jury agrees, they can go forward with the majority vote.
False.
If the jury cannot come to a final decision, they are called a __________ jury.
If the jury cannot come to a final decision, they are called a hung jury.
Which side of the trial is the accusing side?
The Prosecution.
"You have the right to talk to a ____________ for advice before we ___________________."
"You have the right to talk to a lawyer for advice before we ask you any questions."
What factors might make the jury discussion unfair?
Poor communication, poor social skills, prejudice against the defendant, prejudice against the prosecution, prejudice against other jurors.
DOUBLE JEOPARDY
The jury must discuss the trial together before they reach a decision. What is this discussion called, and what is the decision called?
Deliberation & Verdict
Which side of the trial is the side that's being accused?
The Defense
"If you cannot __________ a ____________, one will be ___________."
If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish.
Define profiling.
Profiling is when law enforcement unfairly targets people for reasons other than evidence (gender, race, religion, etc).
If the defendant goes free they have been a______.
If the defendant goes free they have been acquitted.
Which side of the trial bears the burden of proof?
Prosecution.
"You have the right to have a ___________ with you during ________."
"You have the right to have a lawyer with you during questioning."
Why was Ernesto Miranda given a retrial?
He signed a confession in police custody without knowing his rights. (The second trial still found him guilty, but police officers are now extra careful to make sure the people they arrest know their rights.)
If the defendant faces punishment then the jury has convicted them.
Cross-examination.
"If you decide to __________ __________ without a _________, you have the right to _________ ___________ at any time."
“If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.”