Beyond the jury venire, courts have also addressed discriminatory practices of striking individual jurors from the petit jury
based on race and gender.
The objective of the state's actions must be to seek to provide the platform necessary to select an impartial petit jury
and to maintain public confidence in the criminal justice system by providing groups that bring distinctive perspectives to the jury process with their fair opportunity to be included in the jury roll.
A petit jury
, depending upon the type of trial, consists of either 6 or 12 members.
10) During the selection of the petit jury
, (11) Bryant's attorney noticed the venire's skewed composition and made a timely objection, (12) arguing that the venire was not reasonably representative of the community (13) as required by the Sixth Amendment.
114) The federal grand jury is selected in the same manner as a petit jury
and the basic qualifications for serving on the grand jury are the same as those for petit jurors.
Those who continue to doubt the ability of grand jurors to determine the existence of probable cause state further that at a petit jury
trial: (1) the adversarial process has fleshed out the issues bringing to light the conflicting facts, and (2)jurors are able to make legal determinations because they have received instructions prior to deliberating.
making up a given petit jury
appropriately reflect the demographic
400 (1942), where Jackson fluently developed (and circulated to his brethren) the theme that, contrary to well-established precedent, a state-court conviction based on an indictment by a grand jury from which Negroes had been systematically excluded was not unconstitutionally invalid if the conviction was by a petit jury
from which no such exclusion had occurred.
The justices of the peace at quarter sessions made any necessary corrections, then the sheriff copied the names into a jurors' book, and selected petit jury
panels consisting of between thirty-six and sixty names.
Over time, this body evolved into the grand jury, which had the power to investigate and charge, and the petit jury
, which found facts, awarded possession of land, and determined criminal guilt or innocence.
43) The Jury panel is the group of prospective jurors from which the petit jury
76) The inquisito had an accusatory component--perhaps the precursor of the modern grand jury--followed by a determination of proof by interrogation, suggestive of the modern petit jury
The need for juries was especially acute in criminal cases: A grand jury could block any prosecution it deemed unfounded or malicious, and a petit jury
could likewise interpose itself on behalf of a defendant charged unfairly.
To justify the finding of an indictment, you must be convinced, so far as the evidence before you goes, that the accused is guilty--in other words, you ought not to find an indictment unless, in your judgment, the evidence before you, unexplained and uncontradicted, would warrant a conviction by a petit jury
as a cross between a grand jury and a petit jury
," (15) would