Kentucky Jury Instruction - Threats Against The President
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FAQ
Since the majority of cases involve the review of a decision of some other court, there is no jury and no witnesses are heard. For each case, the Court has before it a record of prior proceedings and printed briefs containing the arguments of eachside.
The jurors' primary responsibility is weighing all the facts in the case and deciding if the accused is guilty or not guilty. The judge presides over the law while the jury is the sole judge of the facts and must decide the case only on the evidence presented.
Reasoning: (Powell, J.): In a 7?2 decision, the Court held that, while a defendant is not entitled to have a jury completely or partially composed of people of his own race, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.
Any attempt to interfere with jurors or witnesses, whether by way of intimidation, bribery or persuasion, may be punished as a contempt of court at common law. Contempt in this context means a serious interference with the administration of justice. There is also a statutory offence of intimidating jurors and others.
In Swain v. Alabama , the U.S. Supreme Court holds that prosecutors cannot use peremptory challenges to exclude jurors of a particular race (as it had ruled earlier about ethnic groups). The Court sets rules for proving that jurors have been stricken because of their race.
The Court noted that use of Equal Protection in Batson to combat racially discriminatory strikes against jurors was well established and that subsequent decisions had extended these protections in other contexts. The Court held that "these principles are equally applicable to race-based challenges to judges."
In a 6?3 decision, the Court reversed the decision against Ramos and ruled that the unanimity of a jury vote for conviction mandated by the Sixth Amendment for serious crimes must also be an incorporated right against the states, overturning Apodaca v. Oregon.
You are selected as a juror when you swear or affirm that you will try the accused based on only the evidence heard in court. Once the entire jury is selected, the jury will be excused and told to return for the trial date.
