Criminal Justice Section  

   Standards


Trial by Jury



The following is the complete Table of Contents with links to the "black letter" standards, which were approved by the American Bar Association's House of Delegates in August 1994. The standards are published along with commentary in ABA Standards for Criminal Justice: Discovery and Trial by Jury, 3rd Edition, © 1996 by the American Bar Association. For purchasing information, please visit the Standards Ordering Information page.

PART I. THE RIGHT TO TRIAL BY JURY


Standard 15-1.1 Right to jury trial
Standard 15-1.2 Waiver of trial by jury
Standard 15-1.3 Waiver of full jury or of unanimous verdict
Standard 15-1.4 Change of venue or continuance

PART II. JURY SELECTION


Standard 15-2.1 Selection of prospective jurors
Standard 15-2.2 Juror questionnaires
Standard 15-2.3 Challenge to the array
Standard 15-2.4 Conduct of voir dire examination
Standard 15-2.5 Challenges for cause
Standard 15-2.6 Peremptory challenges
Standard 15-2.7 Procedure for exercise of challenges; swearing the jury
Standard 15-2.8 Impermissible peremptory challenges
Standard 15-2.9 Alternate jurors

PART III. CONDUCT OF THE TRIAL


Standard 15-3.1 Defendant's presence at proceedings
Standard 15-3.2 Control, restraint or removal of defendants and witnesses
Standard 15-3.3 Substitution of judge
Standard 15-3.4 Opening statement and closing argument
Standard 15-3.5 Note taking by jurors
Standard 15-3.6 Method of making and ruling on motions and objections
Standard 15-3.7 Evidence of prior convictions
Standard 15-3.8 Motion for judgment of acquittal

PART IV. JUDICIAL RELATIONS WITH JURY; JURY INSTRUCTIONS


Standard 15-4.1 Control over and relations with the jury
Standard 15-4.2 Right of judge to give assistance to the jury during trial
Standard 15-4.3 Judicial communication with jurors
Standard 15-4.4 Jury instructions

PART V. JURY DELIBERATIONS; RETURN OF VERDICT


Standard 15-5.1. Materials to jury room
Standard 15-5.2. Jury request to review testimony
Standard 15-5.3. Additional instructions
Standard 15-5.4. Length of deliberations; deadlocked jury
Standard 15-5.5. Entry of plea during deliberations
Standard 15-5.6. Polling the jury
Standard 15-5.7. Impeachment of the verdict

 

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