39878893
Description
Flashcards by Emily Deragon, updated about 2 months ago
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Created by Emily Deragon
about 2 months ago
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| Question | Answer |
| CPL 270 Trial Jury Trial by jury consists on how many jurors? Alternate jurors MAY/MUST be selected and sworn. | 12 jurors -alternates MAY be selected |
| CPL 270 True or False? the panel from which the jury is drawn and selected is prescribed by judicial law. the first 12 members of the panel returned for the term who appear as their names are drawn and called, and who are not excluded MUST BE SWORN AND CONSTITUTE THE TRIAL JURY | true |
| CPL 270.10 true or false? a challenge to the entire panel MAY be made only by the prosecutor | FALSE. MAY be made ONLY BY DEFENDANT |
| CPL 270.10 challenge to the panel must be made before/after the selection of the jury commences. such challenge must be made in writing. | before |
| CPL 270.10 if a challenge to the panel is allowed, court must do what? | discharge the panel and order another panel of prospective jurors |
| CPL 270.10 a defendant may challenge the entire panel due to what? | departure from the requirement of the judiciary law resulting in prejudice against defendant |
| CPL 270.15 Prospective jurors must sworn when? | immediately |
| CPLE 2701.15 after prospective jurors are sworn, additional jurors are then called to fill the remaining places in the jury box, and the same procedure followed until jury is complete. The first Juror drawn must designated as what? | foreperson |
| CPL 270.15 who gets to challenge prospective jurors for cause first? | The people |
| CPL 270.15 if the people's challenge for cause is allowed what will happen to the prospective juror? | excluded |
| CPL 270.15 if either party requests, challenges for cause and peremptory challenges MUST/MAY be made within the court room, but outside of the hearing of the prospective jurors | MUST |
| CPL 270.15 true or false? when a challenge for cause or peremptory challenge is made outside of the hearing of prospective jurors, the prospective juror who is selected must retain their place in the jury box and immediate be sworn as trial juror | true |
| CPL 270.16 Capital Case true or false? attorneys for capital cases can question jurors individual in the presence of the rest of the jurors as to their qualification, including any racial bias juror may have | FALSE. outside of the presence of the rest of the juros |
| CPL 270.20 Challenge for cause may ONLY be made on what 6 grounds? | 1. Juror does not have qualifications required by judiciary law 2. state of mind will not let him render impartial verdict 3. related within 6th degree of consanguinity or affinity to defendant, victim, witness or counsel (blood or marriage) 4. he was a witness at preliminary examination before GJ, or trial witness 5. he served on the GJ which delivered the indictment in this case 6. crime is punishable by death and juror is conscientious objector to death penalty |
| CPL 270.25 what is peremptory challenge? | an objection to a prospective juror for which no reason need be assigned or given to parties |
| CPL 270.25 how many peremptory challenges for a Class "A" felony? | 20 for regular jurors + 2 per alternate (20+2+2 if 2 alternates) |
| CPL 270.25 how many peremptory challenges for class "B" felony or "C" felony | 15 for regular jurors and 2 for each alternate |
| CPL 270.25 how many peremptory challenges for all other cases? (Class D, E felony and all misdemeanors) | 10 for the regular jurors and 2 per alternate |
| CPL 270.25 true or false? where there is more than 1 defendant, the majority of the defendants must join in a peremptory challenge, otherwise it must be disallowed (Majority Rules) | true (in other words it doesn't matter how many defendants there are its always the same amount of peremptory challenges) |
| CPL 270.30 how many alternates can their be in criminal cases (range) | 0-6 in courts discretion |
| CPL 270.30 In any prosecution in which the people seek a sentence of death, the court SHALL/SHALL NOT discharge the alternate jurors when jury retires to deliberate | SHALL NOT discharge alternate jurors when jury retire to deliberate |
| CPL 270.30 the same process for the selection of regular jurors is used for alternate jurors. What is the exception? | where the charge is murder 1- the court may direct selection of as many alternate jurors it determines appropriate |
| CPL 270.35 if the jury has begun its deliberations and an alternate juror is needed, the defendant must ____ to such replacement. Such ___ must be in writing and signed by the defendant in person and in open court | consent, consent |
| CPL 270.40 true or false? after the jury has been sworn and before the peoples opening address, the court must instruct the jury concerning its basic functions duties and conduct | true |
| CPL 270.40 may the court allow jurors to separate during recesses and adjournments or direct they be kept together under the supervision of an appropriate public servant? | yes |
| CPL 270.50 During a viewing of the premises the jury must be kept together under the supervision of an appropriate public servant and the court MUST/MAY be present | MUST |
| CPL 270.50 during the viewing of the premises the prosecutor, defendant, and counsel of defendant MUST/MAY be present, but such right may be waived | MAY |
| CPL 270.50 the purpose of the viewing is to permit a visual observation of the premises of the place in question. May the court, parties, counsel, or jurors engage in discussion or argument at this time? | no |
| CPL 270.55 true or false? in capital cases, during the period extending from the guilty verdict charging murder in the first degree until the sentence deliberations, the court MAY permit jurors to separate during recess or be kept together under the supervision of an appropriate public servant | true |
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