02 Feb What factors regarding

JADM320 (Criminal Procedure)

Week 6 discussion

DQ1 JURY SELECTION

What factors regarding a juror’s background might prosecutors and defense attorneys take into account when exercising peremptory or “for cause” challenges? How would the specific criminal charges in a criminal case (murder, rape, theft, etc.) have an effect on the type of juror a prosecutor or defense counsel would or would not want on the jury?

DQ2 BRADY MATERIAL

Prosecutor Melanie Smith is reviewing the file of a newly assigned homicide case. After reviewing the case, she requests the lead detective to come to her office so that they can review the file. In looking through the lead detective’s file, she finds a phone message from a caller name Lamont Jenkins. When Smith asks the lead detective about Jenkins, he tells Smith that Jenkins observed the homicide from his apartment window about 50 yards away. Smith asks the detective if Jenkins gave a description of the shooter. The detective says yes. The detective states that Jenkins gave a physical description, but it did not match the defendant. Smith asks if the phone conversation with Jenkins was recorded. The detective says yes. This recorded phone call has not been turned over to defense counsel as part of discovery. As for defense counsel, could this phone call become important to the defense of its client? Why or why not?