Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Essays on fairness
Equality in our society
Justice and equality in our society
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Essays on fairness
Commonsense justice and jury instructions are placed together to exemplify the informative and the response between the two; like the “analytic and beneficial”. Conjoining these two objectives, gives them “instructive potential for the law;” with the verdicts of not guilty, or hung juries, and jury nullification. These two objectives are “more likely the failure of jury instructions,” [slightly] than the “failings of jurors.”” (Norman J. Finkel, 2000).
Both of the objectives have a teaching method that gives jurors no time management and no chance to comprehend the differences. In the court system they have two laws; one is black-letter law, and commonsense justice. Black-letter law is a generally known law plus the most common, and it is what the legislators have endorsed, and it was intertwined through the “common-law cases and appeals decisions.” Black-letter law takes the instructions away from second guesses, and disagreements, and makes a set of clear and precise rules. (Norman J. Finkel, 2000).
Commonsense justice represents the citizens and what they think what is right and wrong; just and fair. The bias that jurors have inside themselves, they are taking those emotions to the jury box as they are about to judge the “defendant and the law.” What the citizens feel the law should be is what they think. (Norman J. Finkel, 2000). Instructions for jurors were “rewritten using psycholinguistic principles” which [illustrated] that their comprehension improved.” “Commonsense justice and jury instructions,” adjacent on an “instructive and reciprocating connection,” continued to demonstrate the studies of how citizens interpreted the instructions. (Norman J. Finkel, 2000)
If the instructions are not understandable ...
... middle of paper ...
...tz et. al. 1997). “The standard of proof in a trial is one such fundamental tenet of criminal law.” (Horowitz et. al. 1997).
Works Cited
Haney, Craig (1997). Commonsense Justice and Capital Punishment. Problematizing the “Will of
the People” Psychology, Public Policy, and Law, 3(2/3), 303-337.
Horowitz, Irwin A. (1997). Reasonable Doubt. Instructions commonsense justice and standard
of proof. Psychology Public Policy, and Law, 3(2/3), 285-302
Norman, Finkel J. (2000). Commonsense Justice and Jury Instructions. Instructive and
Reciprocating Connections. Psychology, Public Policy, and Law, 6(3), 591-628
Norman, Finkel J. and Groscup, Jennifer L.. (1997). When Mistakes Happen. Commonsense
Ruels of Culpability. Psychology, Public Policy, and Law, 3(1), 65-125.
As members of society we are told that the law is a predictable and reliable entity which is applicable to all individuals, despite the differences. This statement encourages us to abide by the law, and entrust it to make decisions that are best for us as individuals and as a community. Due to the formalism of law, it must be emphasized that there is a need for a compassionate component, to even the playing field. One way the law incorporates compassion into its system is through the use of juries. Juries are a random, unbiased selection of people who will be asked to sit in a trial and decide a verdict of guilty or not guilty. The Canadian Charter of Rights and Freedoms guarantees that “a person accused of criminal activity ‘has the right
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
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.
“Simple Justice” was written by Richard Kluger and reviews the history of Brown v. Board of Education, the Supreme Court decision that outlawed segregation, and African America’s century-long struggle for equality under law. It began with the inequities of slavery to freedom bells to the forcing of integration in schools and the roots of laws with affect on African Americans. This story reveals the hate caused the disparagement of African Americans in America over three hundred years. I learned how African Americans were ultimately acknowledged by their simple justice. The American version of the holocaust was presented in the story. In 1954 the different between how segregation and slavery were not in fashion when compared with dishonesty of how educating African American are separate from Caucasian was justified by the various branches of government.
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.
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
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’.
Walsh, James, and Dan Browning. "Presumed Guilty Until Proved Innocent." Star Tribune (Minneapolis, MN). 23 Jul 2000: A1+. SIRS Issues Researcher.
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.
Harr, S. J., Hess, K. M., & Orthmann, C. H. (2012). Constitutional Law and the Criminal Justice
One trait of adversarial legalism, formal legal contestation, greatly emphasizes the importance of procedures, rules, and the jury system. Phoebe Ellsworth, in The Social Organization of Law, highlights a number of these procedures and rules. For example, jurors cannot make autonomous inquiries during the trial, unanimity is required of the jurors, and jurors cannot look at how previous juries may have decided similar cases because juries do not leave written records. There are even rules in the evidence collecting system, like those defining the legal limits of search and seizure, tha...
Stevenson, D 2012, The function of uncertainty within jury systems, George Mason Law Review, vol. 19, no. 2, pp. 513-548, viewed 6 May 2014, .
From conception in the Magna Carta 1215, juries have become a sacred constitutional right in the UK’s justice system, with the independence of the jury from the judge established in the R v. Bushel’s case 1670. Although viewed by some as a bothersome and an unwelcomed duty, by others it is perceived to be a prized and inalienable right, and as Lord Devlin comments ‘ trial by jury is more than an instrument of justice and more than one wheel of the constitution : it is the lamp that shows freedom lives.’ It is arguable that juries bring a ‘unique legitimacy’ to the judicial process, but recently it seems that their abolition may be the next step forward for the UK in modernising and making the judicial system more effective. Many argue that jurors lack the expertise and knowledge to make informed verdicts, along with views that external forces are now influencing juries more heavily, especially after the emergence of the internet and the heavy presence it now has on our lives. Yet, corruption within the jury system is also internal, in that professionals and academics may ‘steamroll’ others during deliberations about the case. These factors, coupled with the exorbitant costs that come along with jury trials creates a solid case for the abolition of juries. On the other hand though, the jury system carries many loyal supporters who fear its abolition may be detrimental to society. Academics and professionals such as John Morris QC state that; 'it may well not be the perfect machine, but it is a system that has stood the test of time.’ Juries ensure fair-practice within the courtroom, and although controversial, they have the power to rule on moral and social grounds, rather than just legal pre...
... In a speech to the House of Lords in 1844 Lord Denman remarked: 'Trial by jury itself, instead of being a security to persons who are accused, will. be a delusion, a mockery and a snare. The question of juror competence remains a recurrent feature in both the research and policy. literature (Horowitz et al., 1996; Penrod & Heuer, 1997). Indeed, in the. 1998 the Home Office invited commentary on whether an alternative to the traditional jury system was appropriate for cases of serious fraud.
Of course I looked “justice” up in the dictionary before I started to write this paper and I didn’t find anything of interest except of course a common word in every definition, that being “fair”. This implies that justice would have something to do with being fair. I thought that if one of the things the law and legal system are about is maintaining and promoting justice and a sense of “fairness”, they might not be doing such a spiffy job. An eye for an eye is fair? No, that would be too easy, too black and white. I could cite several examples where I thought a judge’s or jury’s ruling was not fair, but I won’t because frankly, we’ve all seen those.