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Evaluating the jury system
Evaluating the jury system
Evaluating the jury system
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“Is the jury system still a good idea?” Is a question heavily discussed among all people. No, the jury system is no longer a good idea for trying cases. To begin with, the act of juror selection is tricky and can heavily sway the verdict. There are too many issues such as personal beliefs, personal experiences and mental health. Second ,those selected are subjected to unfavorable conditions such as confinement, time constraints and having to reach a unanimous verdict. And lastly, maintaining an untainted jury is becoming more difficult because of resources like television, newspapers and internet.
Recruitment of any kind is heavily frowned upon, and to believe that our legal system takes part in it is blasphemous. In Document F a “recruiter” of the court system holds an interview with a potential jury
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member. During the interview, the recruiter asks the citizen questions about a recent crime such as, “have you heard of this homicide” and “have you read the newspaper accounts of it” and the citizen answers yes to all of the questions. Without hesitation, the recruiter informs the citizen that he is not accounted for in the jury. This action is unruly. It’s undetermined what information someone could provide to the court to influence a decision. In reference to twelve citizens being chosen to serve on jury duty for a number of days that can turn into weeks.
Twelve human beings are being cramped together in a small box is stressful, personal space is being invaded.In Document F: Cartoon 1, portrays the attention span of twelve people serving in jury listening to a case. Out of all twelve, roughly three to four people are actually paying attention. This is a clear representation of how real people are in jury. To connect with this In Document B a journalist writing to the times of London, England explains that it is obvious of how being closely compact with eleven other people would drive themselves out of focus when they quote “any twelve men and women placed in a cramped box and holed up there for days or even weeks at a time you would rightly think that I had taken leave of my senses.” Interpreting this, he is saying the agony from this compact box and sitting there for what could seem for forever would stress them out and potentially start to become deranged. The pressure for any one person make a correct choice when they are in this state, and to make the decision of someone’s guilt is nearly
impossible. Lastly, due to the accessibility of information through news outlets such as newspapers, television and the internet more people are aware of current events than ever before. From the Background Essay, the information of the case can easily be spread out from just local gossip such as media like television and newspapers. High profile cases that tend to attract more media attention often struggle to find an untainted pool of people that have not been exposed to circumstantial evidence about cases. Closing, the jury system is not a good idea anymore. A better solution would be for only the judge to decide someone’s verdict. Judges attend school and obtain years of studying crime and law. A judge’s decision would be more constitutionally and more logical. In addition to this, the conditions in which a jury is under, doesn’t support them completely to make the most precise observations and answers. Judges also plead to remain unbiased about any court case, no matter the situation. Allowing a jury to develop their own opinions and feel a particular way about a certain case would cause disruption among the jury.
From 1754-1763, Britain fought the French and Indian war. Although Britain had won the war, they still had a lot of war debts to pay off. Britain turned to the colonies to pay off their debts by taxing them. The taxes angered the colonists because they believed it violated their rights. Benjamin Franklin had initially proposed the Albany plan of Union to unite the colonies, however this law was rejected by all of the colonial governments. It wasn't until after all of the British laws and taxes that the colonies would unite and write the Declaration of Independence.
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,
Beginning of the 15th and 16th centuries, Europeans began to explore in the Atlantic Coast of Africa. They were mainly lured into the excessive trade in gold, spices and other goods without knowing about slaves in Africa. Nonetheless, Europeans had no success of taking over these African states to achieve all of these goods but later they did take over various regions in other areas. Africans seems to be willing to sell as many as 11 million people to the Atlantic slave trade to the Europeans. Thus, this makes them the first people to have slaves not the Europeans that forced them into this trade. Furthermore, at the start the Africans seems to have full control of the slave trade, but the Europeans came in and slowly dominated the trade without the Africans knowing. Later on, the trade was overturned and everything went back orderly.
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
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
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme 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’.
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.
Today juries are much more diverse. Men, women, and people from diverse backgrounds are called to jury duty. Although the origin of the jury system is not clear, history has shown that William the Conqueror from Normandy introduced a similar system to England around 1066 CE (Judiciary of Vermont 1). After the American Revolutionary War, the jury system became the American ideal of justice. This essay will explore the history of the American jury system and illustrate how it has evolved over the course of the American history.
In almost all the countries where jury system is practices, juries have been seen as the best tool for ensuring equity and empowering citizens to determine and play a role in justice. According to Abramson (1994), the only way an ordinary citizen participates in government and injects community values in...
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.
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...
The right to a trial by jury is one of the most fundamental concepts on which the American justice system rests. It had been in the English common law practice for several centuries and the American founders deemed in necessary to continue the practice and draft it into the United States Constitution. Prior to the Sixth Amendment, the Constitution guaranteed trial by jury for all crimes except impeachment. In 1968 the Supreme Court solidified this right in Duncan v. Louisiana stating that juries are a necessary check to g...