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TRIAL BY JURY, CHAPTER 15 - 2ND ED. - TENTATIVE DRAFT

NCJ Number
48428
Author(s)
ANON
Date Published
1978
Length
77 pages
Annotation
THE WAIVER OF A JURY TRIAL, SELECTION OF JURORS, SPECIAL PROCEDURES DURING JURY TRIAL, JURY DELIBERATIONS AND VERDICTS, AND PRECAUTIONS AGAINST JURY TAMPERING ARE COVERED IN THESE DRAFT STANDARDS.
Abstract
BOTH SUBSTANTIVE AND MINOR CHANGES FROM THE FIRST EDITION OF THE AMERICAN BAR ASSOCIATION'S 'STANDARDS RELATING TO THE ADMINISTRATION OF CRIMINAL JUSTICE' ARE FOUND IN THESE DRAFT STANDARDS RELATING TO JURIES. THE MAJOR REVISIONS REFLECT JUDICIAL DECISIONS HANDED DOWN SINCE PUBLICATION OF THE ORIGINAL STANDARDS (1968-1973). EACH STANDARD IS FOLLOWED BY A SECTION DETAILING CHANGES SINCE THE FIRST EDITION, A LIST OF RELATED NATIONAL STANDARDS, AND AN EXTENSIVE COMMENTARY. THE COMMENTARIES ARE HEAVILY FOOTNOTED. MAJOR CHANGES INCLUDE LIMITING JURIES OF LESS THAN 12 MEMBERS TO PETTY OFFENSES AND REQUIRING A 6-MEMBER MINIMUM JURY SIZE, PROVISIONS COVERING WAIVERS OF JURY TRIAL, AND A PROVISION WHICH ALLOWS THE DEFENDANT TO WAIVE A UNANIMOUS VERDICT. THE SECTIONS ON JURY SELECTION AND EXAMINATION HAVE BEEN REVISED TO INCORPORATE AMERICAN BAR ASSOCIATION TRIAL COURT STANDARDS. MINOR CHANGES HAVE BEEN MADE IN THE SECTIONS ON PROCEDURE DURING A JURY TRIAL. (GLR)