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History of the jury system essay
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The jury system has been around for hundreds of years. It first came to be at the year 1733 an case in colonial New York that involved John Peter Zenger who worked for a newspaper company. John was tried for speaking against the government and making people stand by his side for he said that his criticisms were true. For the government to avoid this he created what we call today a jury system to help the judge figure if he was guilty or innocent. Most of the time the jury is wrong because most cases they don't have enough evidence to put the defendant in prison so most of the time the jury will say he or she is innocent.
In (Doc B) it states that most of the jury system will have people who know the defendant. Moat of the time this will lead to the defendant to be innocent because the jury system has what they call the “sacred cow” which means that if someone you know is the jury for your trial you'll be saved from being guilty. It also states that being in a jury system it could be long and stressful. Most of the trials can last for days even for weeks depending on the case that is being held. It also states that if you know somebody in the jury that has lots of respect for you they will help you in anyway they can and prevent you from being considered guilty. Only professionals should be allowed to be in jury duty because they are more educated and can figure out more things to the case.
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In (Doc D) it states that a florida case is happening because of a murder that had happened.
It says that a mother killed her daughter. The jury states that they have all the evidence they needed but is still not enough to prove that the mother is guilty with murder. The defendant's lawyer says that she didn't kill her daughter because the daughter was far from the incident and that the mothers driving was pretty bad. The jury found her innocent but at the same time the mother was counted for lying to
detectives. In (Doc F) it states that when you are called for jury duty they have to ask you certain questions. In this document it says that a good citizen was killed in cold blood and every man heard about this case as soon as it went on paper. Men were selected and many were accepted for this case. They wanted to know if they knew anything about this case and some said yes and were sent home and the ones that said no were ask to stay. The men that were able to read and write went to the courthouse and were not accepted. The courthouse wants people who had no clue about this homicide to make this case a easy case. I believe that a jury system is not required because most of the time they are wrong. Most of the time they cant piece the evident together and that's why the cases take days or even weeks. Most of the jury members might know the defendant and say that hoe she is innocent and let him or her off the hook. Most of the time the jury doesnt know whats going on so that will lead to confusion. I believe the judge should decide whether your innocent or guilty because the just is the powerful one in that room so let him to his job and let him convict the defendant.
This chapter is mainly devoted to the jury selection process and how it is taken care
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.
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
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
Should America have compulsory voting? In my opinion, compulsory voting is a good way to increase the voting turnout. People currently don't like to vote because they don't have the time, or are just too lazy. If the government gives them an incentive then they will be happy to take time off to vote. Also, a reason to fear not to vote should be installed, like an annoying fine. When only a few people vote, the voter satisfaction is low. But when everyone puts their idea in, the satisfaction rises because the actual majority will win.
Mention the pros and cons of our jury system and possible alternatives of it. Also, identify the group dynamics of the jury members
The modern US version of a jury derived from ancient English law. It is said in the early 11th century, William the Conqueror brought a form of a jury system from Normandy that became the basis for early England’s juries. It was constructed of men who were sworn by oath to tell the king what they knew. King Henry II then expanded on the idea by using a group of white men with good morals to not only judge the accused, but also to investigate crimes. King Henry II had panels of 12 everyday, law abiding men; this aspect of it is much like modern juries. The difference is that these early jurors were “self-informing”. This means that they were expected to already have knowledge of the facts that would be presented in court prior to the trial. King Henry II’s first jurors were assigned the job of resolving the land disputes that were occurring in England. ...
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.
The first American jury system began with the Pilgrims as early as 1620. In fact, the first jury trial was held in Massachusetts in 1630 (History of the Jury System in Massachusetts 1). In this trial, John Billington was on trial for the murder of John Newcomin. John Billington was found guilty and sent to the gallows. In 1641, Massachusetts determined that all “free men could serve on two juries in a year” (History of the Jury System in Massachusetts 2). Anyone who refused to serve on jury duty would be fined. This continues to be the consequence even today. It is important to note that “fre...
The jury system is essentially a descendant of Great Britain, the Greeks, Romans, and Egyptians. Colonialism played a significant role in the development of the jury system globally. However, despite colonial influence, judicial systems across the world have taken their own way. As a result, the jury system has developed and changed to suit the needs and social conscience of different countries. Across the world, juries examine and decide the facts in a jury trial, the accuracy of the testimony, the guilt or innocence of criminal defendants, and liabilities in a civil litigation. Today, many countries such as Britain, United States, Brazil, Canada, Japan, Australia, France, German, India, and so on practice jury trials. These countries will be the issue of discussion in this paper.
A jury system inquires fairness in a court case. A jury is “A group of citizens called to hear a trial of a criminal prosecution of a lawsuit, decide the factual questions of guilt or innocence or determine the prevailing party (winner) in a lawsuit and the amount to be paid, if any, by the loser” (Law.com Legal Dictionary 2014). As a jury member they are obligated to tell the truth and give an honest response. The jury system randomly selects 12 people for each court case. Once you are 18 years old and registered you can be selected for jury service. There are two categories of people who cannot serve and that is people who are excluded from the jury roll and who are exempt from jury service (NSW Government 2014). Those who are excluded are people with criminal convictions and who hold high positions in public office. Those exempted are due to their employment (NSW Government 2014). As a jury member you are expected to dress appropriately, be honest, and give fu...
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.
Though most court cases in the U.S. is settled by a bench trial, those who go to a trial by jury have a greater chance of being prejudice towards the defendant which tends to be highly unfavorable and most the time leads to a guilty verdict. An example of this would be the case of Foster v. The State
... up with a verdict for the accused person (Lamb, 2013). This is because the jury is filled with laymen who do not have any understanding of the law, and if they are allowed to deliberate on the evidence produced in court, then they may be misguided and may at many times find the accused person innocent while in the real sense they were guilty.