Australia's Unfair Legal System In theory all jury systems (which have existed for almost 800 years) are fair and just. The jury system originated in England and has so far failed in cases (all too common) when defendants are wrongfully prosecuted or convicted of crimes which they did not commit. In societies without a jury system, panels of judges act as decision makers. They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights. I believe that the jury system is an unfair system due to the limitations which are included during jury selection. Many professionals and groups of people are exempt from jury service: police or anyone dealing with the law (law student, lawyer, judges, assessors), anyone dealing in medicine (doctors, nurses), small or large business owners Pregnant women or women in general can claim special considerations, along with; teachers, accountants, ministers of religion, or generally anyone with a professional/education. So due to this, people who serve on a jury can be unemployed or part of a less educated and informed strata of society. Due to such limitations within the jury selection process, it is hardly said to be a fair and just system. In Europe, defendants are always tried by judges and assessors which I believe to be a much fairer way in deciding the innocence or guilt of a person. Assessors are legally qualified magistrates, with long experience in presiding over their own courts. When sitting in the superior court as assessors they are not mere advisors, but an integral part of the court. They have the same right as the judge to question the witnesses. Legal issues which are decided exclusively by the judge or panel of judges are evaluated prior to this decision by the assessors together with the judges, deliberating and voting with equal status. Decisions under this system seem much fairer and more reliable than under the jury system as it exists today.
...8). However, if it was them who had been accused of a crime, surely they would be very happy to have a jury, instead of one person deciding their fate.
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
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 court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
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.
The UAE World Arthritis Day concluded recently. It was organized by the Emirates Arthritis Foundation on 12-13 October at the Park Regis Kris Kin Hotel, Dubai to support people suffering from arthritis, their families and friends and to increase public awareness of the condition within the country. The organization hopes that by raising the profile of the disease, detection rates will improve, which, in turn, should lead to quicker treatment — something that is vital to combat the worst effects of the disorder.
Las dos áreas de conocimiento que escogí para desarrollar el titulo fueron Ciencias Humanas y Ética.
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.
Lastly, the defendant should be confronted with witness. There should be witnesses called by the prosecution to testify against the defendant. The limitation here is that this right is only applicable to criminal proceedings.
The importance of a jury makes it necessary to understand its function, strengths and weaknesses in a criminal matter. Both the state and federal courts follow the same procedure in impaneling the jury. Most states do not accord minors the right to jury trial in court proceedings related to juvenile delinquency. The jury essentially hears the evidence presented against the defendant and potential defenses. It will then weigh the evidence and ultimately determine if the evidence satisfies the criminal offenses that the defendant has been charged, beyond any reasonable doubt. Numerous and varied rules often surround the jury. The jury mainly focuses on criminal cases because these cases put a person’s liberty at risk. Defendants do not have a right to jury trial if their jail term does not exceed six months. All jurors need to recognize the fact that jury service is a critical duty of citizenship. They may also decide questions that involve crimes for which a trial judge fine, place on probation, or confine defendant to prison. Nevertheless, a jury does not play any role in sentencing, but instead leaves it upon the trial judge to make this decision following all the submissions made by both sides. Overall, the court system must rely upon a jury for the protection of liberty, life, and the pursuit of
Organizing the professional game of football in the world today has been the goal of FIFA since 1904. The non-governmental organization, which stands for Federation International of Football Association started in France, with the original seven nations joining the organization in 1904. FIFA tod...
The American Jury system had been used ever since we became a country. In fact the jury system originated from England a long time ago. The jury system is very controversial because it involves ordinary citizens making the verdict of criminal activities. Although we still use it, is it really necessary in today’s day and age. Obviously when someone is put on trial there needs to be a decision on whether they are guilty or not, but that’s why we also have a judge. Another way we can reach a verdict is through a bench trial where only the judge makes the decision. The judge is a legal expert on any present case, but the judge is the only person who makes the decision. For the most part either a bench trial or jury trial will get the job done
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En el capítulo II del libro de Mill podemos apreciar que hay tres intervenciones más acerca del tema principal “El Utilitarismo”, que son por parte de los epicúreos, Bentham, y los objetantes.