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Outline and critically evaluate the jury system
Criminal justice system in the United States
Criminal justice system in the United States
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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 …show more content…
This section of the book is the whole process in how a jury is selected. The author uses real life examples and gives the reader real instances that have occurred throughout America. By doing this he uses the characters in the books as examples of the jury process selection. This is where both lawyers, Bernstein and Ryan, and Judge Whitaker get to meet and ask questions to each juror. If the lawyer does not feel he or she is "intelligent" enough, fair enough, responsible enough or even if they do not like the color of their skin, they way they are dressed, they way they are sitting, they could easily be asked to leave and be dismissed from the case. Bernstein was a man of equality and understanding, he was intelligent. He didn't judge anyone by the color of their skin or by their background. He solely judged them on whether or not he thought they would give a fair verdict to his client. Whereas Ryan was a lair, an unfair, biased man who didn't care about anyone. He was rude and told lies as long as it meant winning. He didn't care that this innocent man, Rafshoon, would be sent to jail for life. Both Bernstein and Ryan eliminated members of the jury, but Ryan made those decisions based on race alone. But still Ryan knew his reasons and so did Bernstein and he knew just as well as Ryan that he was making unfair eliminations. The lawyers do not need a reason to eliminate a juror They can simply just ask them to leave. This chapter is mainly devoted to the jury selection process and how it is taken care
The movie Runaway Jury starts with a shooting in a business office. The movie then continues to people receiving jury summons and people taking pictures of them. It goes on to show Rankin Fitch and the defense committing electronic surveillance during the jury selections. This movie shows how Fitch and the defense attempt to influence the jury to vote for the defense. The movie continuously shows a person by the name of “Marlee” who talks to Fitch and Rohr trying to persuade them to pay her in order for the jury to be “swayed” their way. “Marlee” is Nick Easter’s girlfriend. As the movie progresses, the viewer realizes that Nick was pretended to get avoid jury duty in order to secure a spot in the jury. The movie ends with the jury voting against the gun company and then Nick and “Marlee” blackmailing Fitch with a receipt for $15 million and they demand that he retire immediately. They inform him that the $15 million will benefit the shooting victims in the town of Gardner.
Runaway Jury was a motion picture that was released in 2003 and directed by Gary Felder. In this movie, a father and husband was shot in his workplace in New Orleans. His wife sued the gun manufacturer for allowing the murderer of her husband to obtain the gun. A jury was selected for this trial and one of the men selected was named Nicholas Easter. Nicholas and his girlfriend Marlee strategically manipulated the outcome of the trial using the jury members. This movie focused on jury tampering, voir dire, cooperate negligence, and jury summons which all pertain to trial law.
Juror number eight is the main protagonist, he also a reserved with his thoughts, yet very strategic with them. He is the defender of the down trodden victim. He has a calm rational approach to everything and he reveals the gaps in the testimonies placed against the defendant. These examples would be; that the old man couldn’t have seen the boy run out of the house, as the old man had a limp and therefore could not make it to the door in time. The old lady across the road could have never saw the boy stab his father, due to she wasn’t wearing her glasses and it was pitch black. Number eight is a man that s...
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
Guilty or not guilty? This the key question during the murder trial of a young man accused of fatally stabbing his father. The play 12 Angry Men, by Reginald Rose, introduces to the audience twelve members of a jury made up of contrasting men from various backgrounds. One of the most critical elements of the play is how the personalities and experiences of these men influence their initial majority vote of guilty. Three of the most influential members include juror #3, juror #10, and juror #11. Their past experiences and personal bias determine their thoughts and opinions on the case. Therefore, how a person feels inside is reflected in his/her thoughts, opinions, and behavior.
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.
The first vote ended with eleven men voting guilty and one man not guilty. We soon learn that several of the men voted guilty since the boy had a rough background not because of the facts they were presented with. Although numerous jurors did make racist or prejudice comments, juror ten and juror three seemed to be especially judgmental of certain types of people. Juror three happened to be intolerant of young men and stereotyped them due to an incident that happened to his son. In addition, the third juror began to become somewhat emotional talking about his son, showing his past experience may cloud his judgment. Juror ten who considered all people from the slums “those people” was clearly prejudiced against people from a different social background. Also, Juror ten stated in the beginning of the play “You 're not going to tell us that we 're supposed to believe that kid, knowing what he is. Listen, I 've lived among 'em all my life. You can 't believe a word they say. I mean, they 're born liars.” Juror ten did not respect people from the slums and believed them to all act the same. As a result, Juror ten believed that listening to the facts of the case were pointless. For this reason, the tenth juror already knew how “those people” acted and knew for sure the boy was not innocent. Even juror four mentioned just how the slums are a “breeding ground
Yet with the help of one aged yet wise and optimistic man he speaks his opinion, one that starts to not change however open the minds of the other eleven men on the jury. By doing this the man puts out a visual picture by verbally expressing the facts discussed during the trial, he uses props from the room and other items the he himself brought with him during the course of the trial. Once expressed the gentleman essentially demonstrate that perhaps this young man on trial May or may not be guilty. Which goes to show the lack of research, and misused information that was used in the benefit of the prosecution. For example when a certain factor was brought upon the trail; that being timing, whether or not it took the neighbor 15 seconds to run from his chair all the way to the door. By proving this right or wrong this man Juror #4 put on a demonstration, but first he made sure his notes were correct with the other 11 jurors. After it was
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. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
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’.
Famous writer Robert Frost stated, “A jury consists of twelve persons chosen to decide who has the better lawyer.” While selecting a competent lawyer is important, in the court of law, the process of jury selection is easily one of the most important factors. While many elements are considered during the process of jury selection, the most valuable is the use of psychology. Psychology is used by lawyers during the process of jury selection to choose the best possible jurors to decide the fate of their client. Psychology can be used in many different ways such as voir dire, persuasion, and research.
... believed in the innocence of the young man and convinced the others to view the evidence and examine the true events that occurred. He struggled with the other jurors because he became the deviant one in the group, not willing to follow along with the rest. His reasoning and his need to examine things prevailed because one by one, the jurors started to see his perspective and they voted not guilty. Some jurors were not convinced, no matter how much evidence was there, especially Juror #3. His issues with his son affected his decision-making but in the end, he only examined the evidence and concluded that the young man was not guilty.
During my visit to the Lafourche Parish District Attorney’s Office, I heard a copious amount of information that proved to be interesting, surprising, and some of it familiar to what I already knew or had learned in class. The first speaker, Joe Soignet, assistant district attorney, gave me a sense of what actually happens in a court case, specifically the process of selecting a jury. I had an idea of how picking a jury goes because of stories from friends and family who had been called for jury duty. I know from them that as long as you answer with very strong opinions you can get out of jury duty. What I learned in class, however, is that picking a jury can take a long time, the right to a jury trial is guaranteed by the 17th Amendment.
(Greene & Heilbrun, 2014) Several months before a trial, consultants start the process of jury selection; random people are chosen and are presented with the lawyer’s intentions. Consultants may utilize the nearby telephone directory and call arbitrary individuals to get some information about their age, race, sex, religion, job, and political perspectives. (Hutson, 2007) Afterwards they conduct focus groups, where they test parts of their case specific contentions, bits of proof, or witnesses and every so often consultants arrange mock trials with the lawyers. The method know as peremptory challenges is when both sides are allowed to exclude an assigned number of planned jurors without a reason expressed, without request, and without being liable to the court's control. The quantity of peremptory challenges assigned to every side varies, depending on the case and charge. (Greene & Heilburn, 2014) Consultants analyze their reactions to see what characteristics are essential in a specific trial, while taking into account these discoveries, consultants create questionnaire’s and procedures to select jurors most proper. (Hutson,
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.