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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 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
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.
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’.
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.
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.
He spoke about his current case, David Brown v. State of Louisiana, which was a homicide of a mother and her two daughters. It took 38 days to select a jury on this case and one of the very first questions they asked was the person’s views on the death penalty. He explained that many different questions are asked depending on the circumstances of the case. For example, for civil cases they may ask how jurors feel about on the job injuries and injuries in establishments if that is what the case is about. For criminal cases they may ask how they feel about police, have they been arrested, or if anyone in their family has been arrested? Picking a jury is hard because people have such strong opinions these days. He described the questioning and answers of a juror as “Witherspooning” a jury to obtain a death-qualified jury. This term comes from the U.S. Supreme Court case Witherspoon v. Illinois where the holding was that stacking the jury with only jurors who would choose the death penalty violates the sixth amendment because it is not an impartial jury or a cross section of the community. Through Witherspooning, jurors on opposite ends of the spectrum are not eligible to be on the jury. They look for jurors who fall in the middle of the spectrum where they are either not categorically opposed to imposing the death penalty or don’t believe that the
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.
Our current trial by jury system was originally adopted from Anglo-Saxon English common law. Prior to juries, the United States had much more rudimentary methods that were in affect, such as bench trials. A bench trial consists of solely the judge determining the final verdict, versus a jury possessing that responsibility. Proceeding with a trial by jury assures that there will be a margin of error, simply due to the fact that the jurors are human, and are susceptible to human fallibility. Whether the jury is cognizant of it or not, emotions such as pre-determined bias and favoritism can impede or bring the case to a halt all together. According to Andy Leipold, a professor emeritus at the University of Illinois College of Law, the number of jury trial conviction rates have increased from 75 percent in 1946 to 84 percent from 1989 to 2002 (Krause). This sudden anomaly can be attributed to the influx of uneducated jurors, the increased cost of proceeding to trial, and improper juror selection.
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.
In the criminal justice system psychologist play several roles, but in the jury selection process they serve as a consultant. This essay will provide three instances of psychological concepts and illustrate how they are applied to the determination of juries. The essay will also address a common ethical obligation confronting psychologist in the areas of corrections, law enforcement, court systems, and academia.
... 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.