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Full-Text Articles in Law
Retrying The Acquitted In England Part Iii: Prosecution Appeals Against Judges' Rulings Of "No Case To Answer", David S. Rudstein
Retrying The Acquitted In England Part Iii: Prosecution Appeals Against Judges' Rulings Of "No Case To Answer", David S. Rudstein
San Diego International Law Journal
The Order in Council permitting the prosecution appeal of "Mo" Courtney's acquittal and allowing him to be retried for the same offense of which he had previously been acquitted stems from the Criminal Justice Act 2003. That Act, which applies in England and Wales, grants the government the right to appeal certain rulings by the trial judge in criminal prosecutions on an indictment, including a ruling that there is no case to answer, i.e., a directed verdict of acquittal, and if the appeal is successful, allows the reviewing court to order that the acquitted defendant?s trial be resumed or that …
The Canadian Criminal Jury, Regina Schuller, Neil Vidmar
The Canadian Criminal Jury, Regina Schuller, Neil Vidmar
Chicago-Kent Law Review
The Canadian criminal jury system has some unique characteristics. In contrast to American law, that gives precedent to free speech over fair trial, and English law, that favors fair trial over free speech, Canadian law occupies a middle ground balancing these competing values. Jury selection procedure in most trials is similar to that of England: jurors are assumed to be "impartial between the Queen and the accused" and are selected without voir dire. However, in cases involving exceptional pretrial publicity or involving accused persons from racial or ethnic minority groups, jurors are vetted by a "challenge for cause" process in …
Two Weeks At The Old Bailey: Jury Lessons From England, Nancy S. Marder
Two Weeks At The Old Bailey: Jury Lessons From England, Nancy S. Marder
Chicago-Kent Law Review
I spent two weeks observing jury trials and interviewing judges and barristers at the Old Bailey in London. There were several jury practices at the Old Bailey that would benefit American jurors, such as providing them with a "jury bundle," and we should introduce such practices in the United States. There are other practices, such as eliminating peremptory challenges, which are worth adopting over time because there would be some initial resistance. There are many practices that the two systems share in common, such as allowing jurors to take notes, to ask questions of witnesses, and to have a written …
Attorney Duty To Search Case.Net For Juror Nondisclosure: Missouri Supreme Court Rule 69.025, John Constance
Attorney Duty To Search Case.Net For Juror Nondisclosure: Missouri Supreme Court Rule 69.025, John Constance
Missouri Law Review
The term voir dire derives from the Latin phrase verum dicere, literally meaning "to speak the truth."' In American jurisprudence, voir dire has come to mean the pretrial questioning of venire members during which a judge or party is given the opportunity to ask the prospective jurors questions in an attempt to reveal their personal tendencies and possible biases. Missouri courts have held that the right to a fair and impartial panel of twelve qualified jurors is the cornerstone of the judicial system. As such, it is the duty of prospective jurors on voir dire examination to "fully, fairly, and …
When Will Race No Longer Matter In Jury Selection?, Bidish Sarma
When Will Race No Longer Matter In Jury Selection?, Bidish Sarma
Michigan Law Review First Impressions
We are coming upon the twenty-fifth anniversary of the Supreme Court's opinion in Batson v. Kentucky, which made clear that our Constitution does not permit prosecutors to remove prospective jurors from the jury pool because of their race. The legal question in Batson-when, if ever, can governmental race discrimination in jury selection be tolerated?-was easy. The lingering factual question, however-when will prosecutors cease to discriminate on the basis of race?-has proven far more difficult to answer. The evidence that district attorneys still exclude minorities because of their race is so compelling that it is tempting to assume that race will …