Citizen Juries: Zacharias Moussaoui
Resources
1. What are jurors deciding in this case?
Whether to recommend the death penalty or life without parole for Zacarias Moussaoui. Moussaoui has already pleaded guilty to conspiring with al-Qaeda in connection with the September 11, 2001 terrorist attacks.
2. List the specific sections of the Constitution - including amendments - that mention jury trials.
- Article III, Section 2 of the Constitution - "The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed."
- Amendment Five of the Constitution - "No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury..."
- Amendment Six of the Constitution - "In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the state and district wherein the crime
shall have been committed..."
- Amendment Seven of the Constitution - "In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise reexamined in any court of the United States, than
according to the rules of the common law."
3. Why is sentence in a federal death penalty trial decided by a jury and not by a judge? Explain your answer.
The collective wisdom of twelve individuals is greater than that of a single person. In the case of Ring v. Arizona (2002), the Supreme Court found that the determination of aggravating and mitigating factors - a necessary part of the sentencing phase of a death penalty trial - is a part of the fact-finding process. Because of this, the Constitutional right to a trial by jury extends to this phase of the trial. Judges have access to information outside the scope of the current trial that may bias their sentence.
4. How does serving on a jury allow citizens to administer justice?
- The jury serves as the people's check on the power of the government. By performing its duties, a jury demonstrates that the law under which an individual is being tried by is a just law.
- A jury may demonstrate that a law is unjust by refusing to convict individuals accused under that law.
- All crimes are committed against society as a whole. Therefore, society represented by group of individuals should be meting out punishment for that crime.
- A jury can only use legally admissible facts. A citizen jury cannot be introduced to material that may unduly bias their decision.
- In a jury trial, a unanimous decision must be reached thereby showing that the decision is the will of the people and not just one person, the judge.
Extensions
1. The jury in the penalty phase of the Moussaoui case were denied access to a dictionary. Read the following article and list two reasons why they should or should not have been allowed dictionary use.
2. Have students research the following cases which illustrate the history of juries and the Constitution.
3. Interview someone who has served on a jury and someone who received a summons, but did not ultimately end up serving. Ask them to describe their experience.
4. Watch the 1950 movie (or any dramatic adaptation) of the play, Twelve Angry Men. This drama focuses on a jury's deliberations in a capital murder case. Choose one of the characters and write a diary entry of the day's events from the point of view of that juror. Be sure to include references to how the juror perceives his responsibility for jury service.
