Because prosecutors were highly skilled in redirecting our requests into explanations and reinforcement that we were not a
petit jury, and only needed enough evidence to determine probable cause.
Petit Jury would require to Justify their verdict against him."
Although the indictment requirement would curtail the incidence of prosecutors getting multiple chances to bring a case against an individual, it would also require Ukraine to put into practice a grand jury system--a significant obstacle because this country has not yet initiated a
petit jury system.
the venire to each
petit jury. Indeed, if FCS doctrine is truly
(43) The Jury panel is the group of prospective jurors from which the
petit jury is chosen.
V, [sections] 22 ("The
petit jury of the Circuit Court shall consist of twelve members and the number of jurors of other courts must be determined by law."); WASH.
Similarly, Tory Roger North defended the "probable cause" doctrine in his book Examen, writing that if the evidence before the grand jury "be lawful and full," it must return the indictment and leave it to the
petit jury to judge the circumstances and the credibility of the witnesses.
a greater cross-section of the community than the
petit jury. (23) It is
(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.
(6) These options, however, applied only to
petit jury trials, not to grand jury proceedings, and it was in this latter context that Bushell's Case would first command public attention.
The law has always presumed that the
petit jury is also one of those governmental institutions that operates better in the dark.(88) Consequently, it appears that the two-prong test derived from Richmond Newspapers and its progeny decisively establishes that there is no right of access to jury deliberations.(89)
Therefore, the systematic elimination of either sex from jury panels deprives criminal defendants of their constitutionally guaranteed right to trial by a fair and impartial cross-section of the community.(62) The Court carefully emphasized the fact that although the
petit jury must derive from a representative cross-section of the community, "defendants are not entitled to a jury of any particular composition," and the decision imposes "no requirement that petit juries actually chosen must mirror the community and reflect the various and distinctive groups in the population."(63)
