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role of a jury in a criminal trial
death penalty case study
role of jury in a crown court
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One of the most intense group task experiences in the United States is that of serving on the jury of a death penalty case. This forces a group of complete strangers to come together and determine the fate of another’s human beings life. The court case of the State of Ohio v Mark Ducic, was of no exception. Ducic a 47 year old drug addict white male, was accused of committing a double homicide. In accordance with Ohio state law, murdering more than one individual is considered a mass murder and therefore the accused is subject to the possibility of the death penalty. Ducic’s victims included Barbara Davis, his domestic partner and drug addict, as well as a drug user that Ducic was an acquaintance with. The death of Davis was at first believed to be due to an overdose, but police informants identified Ducic’s voice on a recording claiming that he killed her. The other victim, the drug addict, was thought to be eliminated by Ducic for fear that he would inform the police that he killed Davis. Investigators believed that Ducic gave both victims a deathly amount of drugs that would make it appear as though they both simply overdosed. Ducic was found guilty on both occasions, yet a second trial in regards to his sentencing had to occur and another hearing had to be conducted on whether or not to remove the death penalty. As one of the seven jury deliberations documented and recorded in the ABC News television series In the Jury Room the discussions of the jurors were able to be seen throughout the United States. A transcript was also created by ABC News for the public as well. The emotions and interactions of the jurors were now capable of being portrayed to anyone interested in the interworkings of jury deliberations. The first task,... ... middle of paper ... ...ive years to thirty years is nothing he could do with the world because the way it’s changing now. He will be a stranger waling out of here. Who is going to listen to an old man? Now he going to do good. He can write a book while he in there, you know. And if you wondered about coming back here, he doesn’t even want to. Don’t anybody want to be here twenty- five years not the way things are going now. Juror 12: I disagree because a lot of people do go to the schools that are older, and educate people that don’t have no clue who they are. Be it grandmothers, whatever, and I want to just… Juror 8: You are speculating that” (State of Ohio v. Mark Ducic, ln 1666-1679). Works Cited Aggravated murder: death penalty sentencing phase deliberations state of Ohio v. mark Ducic Bicks, M. (Director). (2004). In the jury room: The State of Ohio vs Mark Ducic: ABC News.
Shelton, Hon. Donald E., Gregg Barak, and Kim S. Young. “A Study of Juror Expectations and
A whirlwind of controversy arose in November 2002, when Judge Ted Poe, ruled that PBS’s Frontline could film jury deliberations in the trial of Cedric Harrison, 17, who faces the death penalty for allegedly killing a man during a car-jacking. In validating his ruling, Poe held that “cameras in courts keep the system honest” and are an important tool for civic education.1 Poe approved Frontline’s proposal, in which an unobtrusive ceiling camera would be used and no full-time cameraman would be necessary. Frontline had planned to edit the deliberations and broadcast them approximately one year following the verdict as part of a two-to-three hour documentary that would spotlight Harris County, whose juries have sentenced more people to death than juries in any other county in the U.S.2
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
There is no way to measure how everyday people of the jury compartmentalize the information given to them. By disregarding information, does it work in favor of justice or does it highlight a forbidden topic. Using a jury trial and the disregarding of evidence played a key role in the OJ Simpson case that began in 1994 (Jasanoff: 714). Just after a year of his acquittal of the first case, he became the defendant of a civil suit placed by the relatives of the victims. When asking juries to disregard statements and evidence can change their decision-making abilities, especially if the evidence directly links the alleged criminal to the crime as it did arguably in OJ Simpson’s case. During this trial, the defense tried to highlight and find errors in the Los Angeles Police Department’s procedures for collective and transporting evidence (Jasanoff: 715). The evidence, which was once connected to the trial, was now inspected to establish both its validity and reliability. The outside influence of the evidence played a role in the decision, which included the credentials of the lab and their procedures. In sum, the jury’s roles in legal proceedings emphasize the influence of the everyday nature in the law. In these cases, the jury has much more control on the case rather than the law controlling their
...a unanimous vote of not guilty. The final scene takes place signifying the "adjourning stage". Two of the jurors, eight and three exchange the only character names mentioned during the film. The entire process of groupthink occurs in multiple ways that display its symptoms on individual behavior, emotions, and personal filters. These symptoms adversity affected the productivity throughout the juror's debate. In all, all twelve men came to an agreement but displayed group social psychological aspects.
Jury.” Before the Law: An Introduction to the Legal Process. Ed. John J. Bonsignore., et.
The jury system is essentially a descendant of Great Britain, the Greeks, Romans, and Egyptians. Colonialism played a significant role in the development of the jury system globally. However, despite colonial influence, judicial systems across the world have taken their own way. As a result, the jury system has developed and changed to suit the needs and social conscience of different countries. Across the world, juries examine and decide the facts in a jury trial, the accuracy of the testimony, the guilt or innocence of criminal defendants, and liabilities in a civil litigation. Today, many countries such as Britain, United States, Brazil, Canada, Japan, Australia, France, German, India, and so on practice jury trials. These countries will be the issue of discussion in this paper.
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
Few issues have been as hotly argued and controversial as the death penalty, with its many conflicting moral, social and legal implications. Compelling arguments exist in favor of the final punishment, and equally strong arguments exist to end its practice. Furthermore, considering its conflicting history, on the grand scale of the whole world, and in just America, it is unlikely that this issue will be resolved any time soon. In the United States specifically, the issue has great significance to the bill of rights and the 8th amendment, which prevents cruel and unusual punishment. The death sentence, due to the intense debate on its morality and constitutionality, as well as the many conflicting decisions made about it until this day, still is and will likely remain a very controversial issue in the United States.
videotaping of a real life jury as seen in a small criminal courtroom. The case
Unfortunately crime and murder is an issue in all areas of the country. Trials take place every day from a basic traffic offense to capital murder and the offender’s consequences depend on the jury. The jury consist of ordinary people that live an ordinary life. When faced with these trials, the decision making process is not easy. Some cases may hit home for many of the jurors so when deciding one’s fate does not make the process easy. The court case of Lizzie Borden is a story of a young girl who took an axe to her mother then to her father, the evidence led straight to her and she was later found not guilty by a stunned jury.
Initial jury selection is done at random within certain territorial confines. Once the jury pool is selected, it undergoes questioning by both attorneys and the judge and empanelled before the trial to ensure a jury “of one’s peers”. However, attorneys on both sides hold jurisdiction to discard the preliminary members in order to further benefit their standpoint. The questions asked range from across the spectrum and are used as a strategic ta...
Twelve Angry Men is a depiction of twelve jurors who deliberate over the verdict of a young defendant accused of murder, highlighting many key communications concepts discussed throughout the semester. One of these concepts was the perspective of a true consensus, the complete satisfaction of a decision by all parties attributed. An array of inferences were illustrated in the movie (some spawning collective inferences) as well as defiance among the jurors. Each of these concepts play a role endorsing, or emphasizing the other. We can analyze the final verdict of the jurors and establish if there was a true consensus affecting their decision. In turn, we can analyze the inferences during the deliberation and directly link how they affect the consensus (or lack thereof). Defiance among the jurors was also directly
In the 1950's, Reginald Rose penned his masterpiece, 12 Angry Men. This play introduces us to twelve men of various statures. All of these men are part of the jury who will decide the fate of a young man, who has been accused of murdering his father. At first glance of the testimonies of the witnesses in the trial, the reader, or audience, would probably agree with the norm of the jury on the guilt of the young man. If it weren't for one character in this play, juror No. 8, the deliberations of this trial would have been non-existent. At the end of this story, another juror, No. 3, states his nearly impenetrable opinion, nearly causing a hung jury. After reading or watching this play, the audience has some insight into the fact that despite how unfavourable a persons opinion may be, it is the courage to hold ones ground - sometimes with no other support but from him/herself - that must be recognized as a virtue. This story starts off in the courtroom with the jurors making their way to the deliberation room to talk about and vote on the fate of the accused. A vote is cast to see where they stand with one another on their opinions. The men have various reasons for voting the ways they do. Take, for example, who No. 7 says, "This better be fast. I've got tickets to The Seven Year Itch tonight" , or No. 2 who is "a meek, hesitant man who finds it difficult to maintain any opinions of his own.