A+Jury+of+Your+Peers?

Jury Assignment
 * Type answers, double spaced, to questions 1-6 for Monday, September 10. This is worth 20 points.**
 * After this activity you will write a (roughly) 5 or 6 paragraph essay that answers the question: Is it possible to find a jury of your peers?**
 * This essay is worth 100 points. It is due in class on Friday, September 14.**

Unit 1 Activity Jury of Your Peers Introduction The United States Constitution says, “The trial of all crimes. . . shall be by jury” (Article III, Section 2) “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury” (Amendment V) “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed” (Amendment VI) “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved” (Amendment VII) This activity focuses on trial juries, which are also known as petit juries. This type of jury hears evidence, decides the facts, and determines whether someone is guilty or not. In some cases, petit juries also determine a guilty person’s sentence. (There are also grand juries that hear preliminary evidence to decide if there is enough evident to formally charge a person with a crime. They meet before a case ever goes to trial.) The Constitution gives states and local jurisdictions the authority to determine the method of choosing petit juries. In this lesson, you will learn how your state selects the people who serve on juries. Then you will reflect on how well that method works to create an unbiased jury. You will work through the following steps to complete this activity:

STEP 1: Use your state’s juror information Web site to answer questions about jury selection in your state.

STEP 2: Think about how well your state’s method samples the available population.

STEP 3: Find out more about the demographics of your state to determine who a “jury of your peers” would include.

STEP 4: Write an essay reflecting your conclusions.

STEP 1: Click on the links below to go to websites that will provide information on how juries are selected in your state. Using this information, answer the questions below.
 * STEPS IN DETAIL**

Start here: @http://www.mass.gov/courts/jury/introduc.htm Demographic info: Massachusetts Demographics

These are the court rules for selecting jurors: @http://www.lawlib.state.ma.us/source/mass/rules/civil/mrcp47.html

State laws: @http://law.onecle.com/massachusetts/234a/index.html Some good sections to look at include sections 2, 4 (by the way, they all mistakenly say section1 at the top when you open them), 10, 19, 28, 40, 43 and 44.

Case law regarding juries in Massachusetts: @http://www.lawlib.state.ma.us/subject/about/juryselection.html

1. Where does the list of potential jurors come from (drivers’ license records, voter registration, etc.)? 2. How long will jurors be asked to serve? 3. What will happen if a person does not appear when summoned? 4. List some examples of people who are exempt from jury duty. What are some other reasons a person may be excused from jury duty? (Look for a section that discusses peremptory challenges or other ways to dismiss jurors.) 5. What are the rules for employers, and how much are jurors paid for jury duty? (Think about how this affects the ease or difficulty for some people to perform jury duty.) 6. Make note of some other details in your state, such as age restrictions, how often people are called for jury duty, and anything else you find interesting or relevant.

STEP 2: Think-Pair-Share: First, think about the answers you found to the questions above, and whether these things contribute to or detract from the effort to create a jury of the defendant’s peers. Then pair up with a partner to compare conclusions. When your teacher is ready, you will share your ideas with the class. Below are some things to think about and discuss with your partner:

• Where does the list come from (drivers’ license records, voter registration, etc.)? Does the answer to this question limit the possible jurors to certain types of people?

• How long will jurors be asked to serve? Does this make jury duty a hardship for some?

• What will happen if a person does not appear when summoned? Does this penalty encourage people to serve?

• What are some reasons a person may be excused from jury duty? How does this limit the potential juror pool, and do you find these limits acceptable?

• What are the rules for employers, and how much are jurors paid for jury duty? Think about how this affects the ease or difficulty for some people to perform jury duty.

• What else?—age restrictions, how often people are called for jury duty, and anything else you found? How do these affect the juror pool?

STEP 3: Considering the demographics of the population where you live, what kind of people would constitute a jury of your peers? If you need to know more about the demographics of your local area, the U.S. Census Bureau Web site ( www.census.gov ) has a wealth of information about the people who live near you.

STEP 4: Write an essay to answer the following question: Based on what you learned, is it possible to find a jury of your peers?
 * The essay should be typed and double-spaced. As with all papers in this class, include your name, the name of the class, and the date on the first page. Also include page numbers on each page. If you use any sources outside of the two websites I gave you above you must cite your sources using Turabian or APA format. I will not accept improperly formatted papers.**