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Arguments for and against used to critique the jury system
Arguments for and against used to critique the jury system
Arguments for and against used to critique the jury system
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In the United States, an accused person is believed to be innocent until proven guilty. The process to make a trial fair has been guaranteed to citizens of the United States through the constitution. Included in the process as a guaranteed right are jurors. A jury is a group of people, from the community, selected by the prosecution and the defense counsel, tasked with deciding if the accused is guilty beyond a reasonable doubt (Weigman, 2011). To make this decision, the pool of jurors will listen to opening statements, listen to witness statements, look at the evidence and hear closing arguments. The jurors will then be given instructions that include the explanation of their role, the law and what proof beyond reasonable doubt means. The …show more content…
jurors will then be tasked with deciding and interpreting the law and applying it to the witness statements and evidence presented in order to find the defendant guilty or innocent (Weigman, 2011). On the other hand, there has been debate regarding the implementation of professional jurors for trials.
Advocates for this type of of jury system argue that juries should be made up of individuals who have an in depth understanding of the laws and new technologies (Weigman, 2011). Advocates also claim that a professional jury would be better because the jury system now brings in people with biased views in the courtroom, thus allowing the defense and prosecution to dismiss jurors by challenges or cause to stack the jury pool with individuals favorable to them (Weigman, 2011). A professional jury would alleviate this process. Another point advocates argue is that the jury system in place now is not truly made up of the defendant’s peers because certain people are excused from the jury pool or not even considered for the jury it (Weigman, 2011). For example, the jury system now selects individuals from a variety of sources that include voter registration, tax rolls, telephone directives. However it excludes minors, people who can’t speak or write English. Some even exclude old people, those in poor health, and those with certain jobs such as doctors, government officials and military (Weigman, 2011). Based on the arguments the advocates have presented for implementing a professional jury system, I believe the United States should implement this system because it would alleviate most of the aforementioned issues in place
now. Wiegman K. (2011). Professional Jurors. Retrieved from http://people.uwplatt.edu/~wiegmake/Intro_Files/CJ%20-%20paper%20example3.pdf.
Jurors will thoroughly inspect and weigh over the evidence provided, and process any and all possible scenarios through the elements of crime. If the evidence does not support the prosecutor 's argument and the elements of the crime beyond a reasonable doubt, the jury must pronounce the defendant not guilty. If questionable or irrelevant evidence is included in the criminal proceeding, it is the duty of the prosecutor or defendant 's counsel to object and insist that the evidence be excluded by the presiding
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.
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
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
Mention the pros and cons of our jury system and possible alternatives of it. Also, identify the group dynamics of the jury members
In America, every individual has the right to a fair trial, but how fair is the trial? When an individual is on trial, his or her life is on the line, which is decided by twelve strangers. However, who is to say that these individuals take their role seriously and are going to think critically about the case? Unfortunately, there is no way to monitor the true intentions of these individuals and what they feel or believe. In the movie, Twelve Angry Men, out of the twelve jurors’ only one was willing to make a stance against the others, even though the evidence seemed plausible against the defendant. Nevertheless, the justice system is crucial; however, it is needs be reformed.
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.
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. ...
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.
Citizens of the United States are given the right to a fair trial. Over the course of the development of the American jury system, citizens are allowed to the right to meet one’s accuser, be represented by his/her peers and protection from being tried more than once on any convicted crime. The jury system has evolved from a representation of all white men to both men and women from very diverse backgrounds. This is important if one is going to be tried in his/her community of peers.
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.
Jury: A body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court.
A professional jury is something that could be great for the United States Judicial system. The meaning of a professional jury, is a group of lawyers that are meant to judge a trial and decide if the defendant is guilty or not guilty. While, a regular jury would have a group of citizens that will judge if the defendant is guilty or not guilty. Furthermore, the best part of a professional jury, is that there would be no biased against the defendant in the trial. The lawyers would know how the law system works and what type of law the person broke and how the jail sentences might work. However, professional jury might seem like a good idea, but it would be better if the defendant had his on peers in the courtroom. The reasons it might be useful