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Important role of the jury in the criminal justice system
Arguments to support the use of juries in criminal cases
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A common saying today is “Guns don 't kill people. People kill people”. That is why guns aren 't put on trial, but people are. The outcome of the trial depends on twelve jurors chosen at random. They can be anyone as shown in the documents “Roughing It” by Mark Twain and the document, “Sex and the All-American Boy” by Dorothy Kilgallen. While authors such as Harris and Robinson agree and disagree that a trial by jury can be beneficial. A question kept emerging while analyzing the documents. Does the jury system provide true justice? Trial by jury in the nineteenth century was ineffective, emotions led to judgements, and it just patched the problems.
Jurors have to be chosen in an acceptable manner. It can not consist of just anyone. According
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The murder of Freda was an emotional case in which her soon to be husband murders his pregnant fiance. According to the document, “Sex and the All-American Boy”, Dorothy Kilgallen says “They shuffled into the jury box and remained on their feet. They shifted their bodies nervously, ducked their hands into their pockets, or kept them behind their backs”(368). The trial featured many emotional moments including the father of the deceased child to leave the room in frustration after letters written by Robert to his daughter were read out loud. The love Robert proclaimed in the letters were false. The emotions were unbearable. The twelve jurors had to live with the fact that they sentenced a twenty two year old man who could have had a future to his death. Even the detective we burst into tears because he knew Robert his whole life and couldn 't understand why he did what he did. According to “Trial By Jury Or By Magistrates” by B. T. Harris, he proclaims, “MORE than any other forensic matter, perhaps, the right to jury trial is capable of arousing deep emotions”(184). Other authors such as Harris also agree that some trials should not be taken to juries because they are too emotional. It is hard to keep emotions inside when dealing with an emotional case such as the murder of Freda and her unborn
Billy Joel once sang, “Only the good die young”. In life, it is true, the young and innocent seem to touch more lives around us than anyone else. In the Casey Anthony trial, Anthony was a suspect in the murder of her daughter Caylee. Caylee’s life shouldn’t be counted in years, it should be counted by how many lives she affected, the love she has gained, and the support the country has given her to find out what really happened. In the play, Twelve Angry Men, a boy killed his father; however, both cases were challenged by the obvious and the abstruse evidence. Large cities towards the east coast, in 1982, Twelve Angry Men, and 2008, Casey Anthony Trial, affiliated with two major trials able to modify the lives of the living and the dead. For that reason, during the Casey Anthony case, jurors were conflicted throughout the trial.
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
Mention the pros and cons of our jury system and possible alternatives of it. Also, identify the group dynamics of the jury members
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.
In conclusion, we have seen that the race of the victim and the emotionality of the victim impact statements highly affects the jury’s empathy and therefore might influence their decision making. Understanding the interaction between the racial in-group/out-group and empathy may allow defense attorneys to lead jurors for harsher punishments for out-group racial groups and more lenient punishments for in-groups by playing on juror empathy and thus putting emotions before law and reason. Consequently, in any capital punishment case, race of the victim and race of the jury, could be the difference between life and death for a defendant and therefore needs to be studied further.
In America, every individual has the right to a fair trial, but how fair is the trial? When an individual is on trial, his or her life is on the line, which is decided by twelve strangers. However, who is to say that these individuals take their role seriously and are going to think critically about the case? Unfortunately, there is no way to monitor the true intentions of these individuals and what they feel or believe. In the movie, Twelve Angry Men, out of the twelve jurors’ only one was willing to make a stance against the others, even though the evidence seemed plausible against the defendant. Nevertheless, the justice system is crucial; however, it is needs be reformed.
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 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
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 crowded courtroom was absolutely silent as the 12 all white and all men took their seats at the jury box. Chief Justice Albert Mason, one of the presiding judges in the murder case, asked Charles I. Richards, the foreman, to rise. Mr. Richards was asked to read the verdict. “Not guilty”, replied the foreman. Even though the circumstantial and physical evidence pointed to Lizzie Borden guilty of killing her step-mother and father, the all-male jury, men of some financial means, could not fathom that a woman who is well bred and a Sunday school teacher could possibly commit such a heinous crime (Linder 7).
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.
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.