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China judicial system
History of justice system
History of juries and magistrates
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The jury system has been a world epidemic for hundreds of years. Though there are jury systems in most of the known countries, many third-world countries don’t have a jury system. For example, India’s government doesn’t have any kind of a jury system. The ones that do, have similar systems, but different requirements and judicial systems.
China’s jury system is much like the United States but with a little more stricter policies. When being called for jury duty, there are always a set of rules and requirements. For instance, you have to be 18 years or older to participate in the United States system. China’s age requirement is 23 years or older. In both countries, you have to be healthy and have no criminal record. One thing that the United States has better than China is how long the jurors serve. In China, you serve for five years, constantly participating
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It is based on the English common law with occasionally another law system mixed in. The system was first created by England hundreds of years ago during the Anglo-Saxon times. Even though every country is different, Common law usually takes after the United States ideas and laws. For instance, each state that the United States has, has its own, unique legal system. Australia follows the United States, while Canada follows both the U.S., Civil, and French law.
The Civil law takes up sixty percent of the world’s legal system. They got their inspiration from the Roman law heritage and have mostly focused on individual freedom. It is known for being easily accessible, well-organized, and adaptable. The rules of this system are to the point without excess detail. For citizens who are interested in the system, it is simplified for their understanding. This system has worked for many countries and is liked by their citizens. It allows individuals to freely make their own decisions and have a part in their
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
This chapter is mainly devoted to the jury selection process and how it is taken care
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.
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’.
Case law/Common law – body of law developed over time by higher courts. Laws are c...
Common law is the concept that some of the core principles that form the basis of the English legal system come from judges as opposed to Parliament, with rulings from case to case developing predicedent, which forces lower courts to follow princaples set by higher cores but allows higher courts to overrule the descisions of lower courts. This allows the courts, over time to refine law. The courts can even decide to ignore rulings when considering to set it as precident with enough justification, this allows rooms for special cases. As a drawback to common law, the courts are sometimes unwilling to overrule long standing precidents. Slapper,...
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.
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.
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...
So the first reading that convinced me having a jury system was a bad idea was document F. This was a passage from a book called Roughing It by Mark Twain. He talks about a murder that happened in Virginia and how a prominent banker and valued citizen was denied to be on the case because he knew about the case beforehand. This circulated in my head and did not make sense to me, the jury would rather be full of unvalued citizens who have no
Mention the pros and cons of our jury system and possible alternatives of it. Also, identify the group dynamics of the jury members
“South Africa ditched juries amid fears of racial prejudice among jurors and a reluctance on the part of many people to serve” (Fuchs), which most likely brings up the problem we have here in the U.S. Law professor Peter Van Koppen provides a perfect example of a common situation and compares it to our criminal justice system which sums up my stance on the ruling out of jury trials in the U.S., “Van Koppen pointed out that you wouldn 't want a panel of lay people acting as doctors. So, why would you want regular people deciding the fate of defendants? The work done by a jury isn’t that different from the work of a scientist like a doctor, he wrote. ““A scientist must make inferences about states of affairs that cannot be observed directly, inferring from the evidence that can be observed. And that is precisely what a jury must do: make a decision about the guilt of the defendant based on the evidence presented at trial. That is a scientific enterprise that surpasses the intellectual aptitude of most laypersons who are called to jury duty””
The largest educational system is in china there is a law that makes it mandatory that all Chinese students have nine year of education experience this law was passed in 1986. The importance of having an education is the key to success to be comfortable and abl...
Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.