In America, there is this thing called the jury system. The jury system is the process where a legal case is decided by a jury on the basis of evidence. The United states got the jury system from England. The jury system is made up The jury system is sort of a controversial topic in America. Many people ask is the American jury system still a good idea. I think it's still a good idea but there are still some doubt about it. A reason why it’s a good idea because of all the criminals that have been rehabilitated. Another reason is that many people find resolve in their cases when the plaintiff get what they needed, or the other person got what they deserved. The jury system is a good thing in the United States.In the United States there are many civil and criminal cases that happen every year. Back in 2010, there was about 361,323 actual cases filed, and about 20,000 bench and jury trials.( Doc A) The jury system is a good thing because about ⅓ of the bench cases, the actual defendant was convicted. Also in the jury trials, more than 85 percent of the criminals were convicted. Although these are good statistics, there are a lot of situations where innocent people were convicted of crimes where the didn’t do anything, and there are moments where the actual jury members are bias. So the jury system is a good thing but there are …show more content…
That is a good thing because it makes the jurors take time to go over all the facts and evidence from the case. Although there are multiple good things there are bad things like the jurors could be prejudice and they might not like the defendant. Also another bad thing is that the decision could take days maybe weeks to actually come to be.(Doc B) But the actual job of jurors is to promote self-governance and civic participation.(Doc
The American Jury system has been around for quite some time. It was the original idea that the framers of the constitution had wanted to have implemented as a means of trying people for their illegal acts, or for civil disputes. The jury system has stood the test of time as being very effective and useful for the justice system. Now it has come into question as to if the jury system is still the best method for trials. In the justice system there are two forms of trials, one being the standard jury trial, where 12 random members of society come together to decide the outcome of something. The other option would be to have a bench trial. In a bench trial, the judge is the only one deciding the fate of the accused. While both methods are viable
Seymour Wishman was a former defense lawyer and prosecutor, and the author of "Anatomy of a Jury," the novel "Nothing Personal" and a memoir "Confessions of a Criminal Lawyer." "Anatomy of a Jury" is Seymour Wishman's third book about the criminal justice system and those who participate in it. He is a known writer and very highly respected "person of the law." Many believe that the purpose of this book is to put you in the shoes of not only the defendant but into the shoes of the prosecutor, the judge, the defense lawyer and above all the jury. He did not want to prove a point to anyone or set out a specific message. He simply wanted to show and explain to his readers how the jury system really works. Instead of writing a book solely on the facts on how a jury system works, Wishman decides to include a story so it is easier and more interesting for his readers to follow along with.
Smith, William (1997) “Useful or Just Plain Unfair? The Debate Over Peremptories; Lawyers, Judges Spllit Over the Value of Jury Selection Method” The Legal Intelligencer, April 23: pg 1.
Jury Bias With jury bias we examined that the perspective taking, victim impact statements and race of the victim had no main effects with ps > 0.26 and no significant interactions with ps > 0.64. Jury Race The race of the jury was divided into white and non-white participants. An ANOVA was then run with perspective taking, victim impact statements, and race of the victim as the between-participants factors to test against empathy felt for the defendant, for the victim, for the victim’s significant others. White participants. We observed that there was a main effect with the race of the jury and the empathy felt by the jury for the victim.
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court.
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’.
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.
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.
Some of the people in the world always ask themselves this question when in the court room “ WHY DID OUR FOUNDING FATHERS EXPECT CITIZEN JURIES TO JUDGE OUR LAWS AS WELL AS THE GUILT OF THE INDIVIDUAL ?” Well the answer is really simple its Because: "If a juror accepts as the law that which the judge states then that juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen's safeguard of liberty." (1788) (2 Elliots Debates, 94, Bancroft, History of the Constitution, 267) "Jury nullification of law", as it is sometimes called, is a traditional American right defended by the Founding Fathers. Those Patriots intended the jury serve as one of the tests a law must pass before it assumes enough popular authority to be enforced. Thus the Constitution provides five separate tribunals with veto power -- representatives, senate, executive, judges and jury -- that each enactment of law must pass before it gains the authority to punish those who choose to violate it.
The book Acquittal by Richard Gabriel states, “juries are the best judges in the system. They are not elected, they don't have the high-powered microscope of appellate review or the stern, disapproving-schoolmarm precedent looking over their shoulder, and they have no interest in the outcome of the case.” For this reason, we can come to the conclusion that the use of juries in a trial is the best for all involved in the legal system. While juries, “are the best judges in the system”, lawyers, jury consultants, and jury scientists are the reasons they are viewed this way. It is their job to make sure that not only their client, but everyone has a fair and unbiased trial.Making sure that “the best judges in the system” are fair and unbiased takes a lot of planning, research, and effort. You must research the jurors, understand how they think, what their morals are, and how they would view this case. “It is a constructed reality, cobbled together by shifting memories of witnesses, attorney arguments, legal instructions, personal experiences, and beliefs of jurors.”(Gabriel
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
On November 19, 1863, Abraham Lincoln stood on the hallowed ground of the Gettysburg battlefield and began his historic address: “Four score and seven years ago….” He would speak for about as long as it will take us to present our prepared remarks to you today, and would conclude with this sacred challenge: “that we here highly resolve that…government of the people, by the people, for the people, shall not perish from the earth.”
Pros of a jury system are that it allows a fair trial because jurors are randomly picked and come from many ways of life therefore each person can look at the situation in a different way. However, this can also be viewed as a con because if they all have the wrong preconception the jurors could possibly wrongly accuse the accused. This is shown in the movie as 11/12 jurors were about to send the kid to be executed without even discussing it. Another
Most people probably think the idea of a jury system began in England, where most information dates to. However, this system has been used for thousands of years before then. Until a few centuries ago, many of us did not know where it all began. As people began traveling further back in time, remarkable discoveries were made. All of this new information was linked to what is believed to be the development of the first jury system. This includes where it developed, how many people served, what early juries were like, and their role in the courts.
The jury system has in the past been described as ‘the jewel in the crown” or “the cornerstone” of the British criminal justice system by Lord Justice Auld in his book ‘Review of the Criminal Courts of England and Wales’. Trial by jury is an ancient and democratic institution (Jury Under Attack). It will be seen later that it is a declining one, particularly DUE TO CONTEMPT OF COURT, A … Peter Carey, in his book, Media Law (2010) defines contempt of court refers to the courts ability to publish any person who interferes, in any way, with the proper functioning of the court system.