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Analyze the american federal court system
The american jury system history
History of jury system and change essay
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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 …show more content…
the better choice is clearly the jury system because it works, it gets the community together to serve in the judicial branch, and it is the most fair. The jury system has been around for centuries and in our government has worked in most instances, which proves that there is no reason to get rid of something that works.
In the Jury system mini Q document A, the second chart shows that in around 2300 jury trials only around 300 people are Acquitted, while in Bench trials about a third of the people are acquitted. This shows that the jury system works a far larger percentage of the time while the bench trial lets a lot of people go. In the Jury system mini Q document C, John Gastil says “the framers of the United states Constitution viewed the jury system as a critically important feature.” This shows that the framers had originally intended for there to be a trial by jury for every case in order for democracy to shine through and be the leading form of government that our country …show more content…
uses. The jury system has stood the test of time and has proven to be effective. But another factor that many overlook is the fact that people get involved in government because of the jury system. Whether or not people enjoy jury’s it still keeps people up to date on how our country is run and prevents people from being ignorant to the justice system. In the Jury system mini Q document C Phil Weiser writes that “observers of the American jury system have remarked on its ability to elevate ordinary citizens into self governors.” This shows that the ability to self govern is an important thing to have in a democratic society and should be preserved. In the Jury system mini Q document C Phil Weiser also says “In theory elections play similar roles in making sure the people have ultimate control over the legislative and executive branches.” What this is saying is that with the jury system, people are allowed to have some form of say in every branch of government, which is exactly how it was intended to be. Finally in the Jury system mini Q document E, each illustration shows ordinary people on a jury thinking different things, and the pictures are insulting the intelligence of the American people. However the people are definitely much smarter than this and should usually be able to make clear decisions. Clearly cases in the past have had issues with this but for the most part it is fine. Lastly the jury system is the fairest way of having a trial be completed.
While having a judge may seem like it is more effective, while calculating time spent on the case, money used, and the education in the field of justice that a judge has, using a trial by jury is the best way to preserve the American ideal of democracy. In the Jury system mini Q document F, Mark twin mentions that the jury system doesn’t want educated people because they would make the trial too easy for one side. Rather than insulting the jury system it seems like this is more of a good thing because it shows that the jury system doesn’t want people who know too much about the subject already and could sway the decision based solely on their bias. Another way that the system is fair is the fact that rather than having one judge decide the fate of a person, rather it is 12 other citizens that have no ties to the person. In the Jury system mini Q document B The letter states “a reasoned and professional judgment should be replaced by blanket verdicts or pretty well any twelve men and women … I had taken my leave of sense.” While this man is insulting the jury system what he says should still be looked at. The people that come together for a jury will have much less bias towards the accused person that a judge who has either seen the person before, or could just not be looking at it with multiple points of
view. While the other side of the argument states that it is costly to have multiple members come together for long periods of time. Or it is illogical to have unqualified members of society decide someone’s fate rather than a seasoned judge who has studied and seen this often. The jury system still trumps these ideas because of 3 very deciding factors. It works, it brings the community into the justice system, and it is by far the fairest way of going about deciding someone’s fate.
Beverly, I am also a proponent of the United States developing a system of professional jurors. I also believe it would cut down on biased opinions and help rebuild people’s faith in our criminal justice system. In addition to the points you made, I believe professional jurors also would alleviate the process of the prosecution and defense counsel being able to stack the jury pool with individuals favorable to them. Although the U.S. is a country that is for the people, many citizens don’t want to set on a panel of jurors to determine the fate of an individual they do not know (Weigman, 2011). The main reasons for this is because, it causes them to be pulled away from their livelihoods, which for many encompasses work and family. Lastly,
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 facts on how a jury system works, Wishman decides to include a story so it is easier and more interesting for his readers to follow along with.
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.
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
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 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.
Some of the people in the world always ask themselves this question when in the court room “ WHY DID OUR FOUNDING FATHERS EXPECT CITIZEN JURIES TO JUDGE OUR LAWS AS WELL AS THE GUILT OF THE INDIVIDUAL ?” Well the answer is really simple its Because: "If a juror accepts as the law that which the judge states then that juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen's safeguard of liberty." (1788) (2 Elliots Debates, 94, Bancroft, History of the Constitution, 267) "Jury nullification of law", as it is sometimes called, is a traditional American right defended by the Founding Fathers. Those Patriots intended the jury serve as one of the tests a law must pass before it assumes enough popular authority to be enforced. Thus the Constitution provides five separate tribunals with veto power -- representatives, senate, executive, judges and jury -- that each enactment of law must pass before it gains the authority to punish those who choose to violate it.
Throughout history, a plethora of different classes of people, cultures, and races have undergone some form of prejudice. Partiality against women has occurred, and continues to occur, in America. Susan Glaspell, author of "A Jury of her Peers," depicts a story of a close-knit community in the process of solving the mystery of a man's death, thought to be caused by his wife. In the investigation of Mr. Wright’s death, the women helping to search through the Wright farm for clues pointing to evidence of Minnie Wright’s murder of her husband were thought of as useless, when in reality, the women were solely responsible for finding and understanding Mrs. Wright's motives for murdering her husband. Glaspell uses imagery and a woman's point of view to depict how a woman may feel bound by limits set by society--- a feeling most easily understood by women who share the same perception of life.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
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.
Arguments For and Against Juries The right to a trial by jury is a tradition that goes right to the the heart of the British legal system. It is a right fiercely fought for. and fiercely defended at those times when its powers have been seen to be under threat as those backing reforms are finding. The tradition of being "tried by a jury of one's peers" probably has its origins in Anglo Saxon custom, which dictated that an accused man could be acquitted if enough people came forward to swear his innocence.