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Punishment for crimes in the United States
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Recommended: Punishment for crimes in the United States
I selected the state of Minnesota as one of many other states that use the grand jury. The rules of criminal procedure require grand juries for any crime punishable by life in prison, serious crimes (first-degrees) are life, not just premeditated; with or without parole is the difference and certain first-degree sex crimes. The state can submit other cases for public policy such as cases where a police officer causes a death while in the line of duty. All crimes punishable by life imprisonment or any homicide case where the prosecutor announces his or her intent to present to a grand jury must start within fourteen days of the defendant’s first court appearance. The use of grand juries in all other cases is optional or up to the discretion
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.
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
The first case of jury sequestering in America occurred in the week or so long trial of the Boston Massacre in 1770. In the twentieth century, jurisdictions began to move away from mandatory sequestering of juries. Previously, in both criminal and civil cases, jury sequestering was mandatory. Now sequestration is on a state-to-state basis. In most states, sequestering of the jury is no longer mandatory even in capital cases.
As one of the seven jury deliberations documented and recorded in the ABC News television series In the Jury Room, the discussions of the jurors were able to be seen throughout the United States. A transcript was also created by ABC News for the public. The emotions and interactions of the jurors were now capable of being portrayed to anyone interested in the interworkings of jury deliberations. The first task, as instructed by the judge of the court, was for the jury to identify if the death penalty should be used.... ...
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
In 1972, the Supreme Court in Furman v. Georgia ruled that the death penalty for murder was unconstitutional. They also argue that the death penalty costs too much to carry out (Academic American Encyclopedia "Capital Punishment").
During the late 1800’s to the mid 1900’s, the United States was tainted by the stain of the slavery era, especially in the southern states. There was a great prejudice against blacks and the white majority was able to prevent them from practicing their basic rights, especially the right to vote and the right to get an education. When people started to question why there should be this segregation within society, they brought the issues to the United States Supreme Court. These conflicts resulted in the Supreme Court cases, Plessy v. Ferguson and Brown v. Board of Education, two of the most influential court cases in United States history.
The Constitution Center, a museum accredited by the American Association of Museums, awards the Liberty Medal to men and women each year and is the only museum to commemorate the American Constitution. That is where we are now. We are at 525 Arch Street, Philadelphia, Pennsylvania - the National Constitution Center. Not to be confused with Independence Hall, the Constitution Center was not where the Constitution was actually written or signed. The Constitution Center does, though, hold one of the 12 surviving copies of the Constitution.
“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””
Long-drawn out trials that go on for years cause psychological stress, tension in the family of those involved in the case, and these trials make a huge dent in the money supply of the court system in the government. Each day members of the jury have to be accounted for and must receive money for their services. Using a judge is both cost-effective and smart. Additionally, judges usually don’t take as long to make decisions in court as they are both efficient in what they do and are well-informed of the subject, the particular person on trial, and they have the know-how to execute the correct sentence. “In 2010, 2,352 federal criminal defendants had a jury trial and 88% of these criminal jury trials ended in a conviction.” (Document A) Now on the one hand some...
the United States government. Once the jury has convicted a criminal offense they go to
Political- The attorney general is the chief state legal officer. In addition, the Attorney general is an official of Florida’s cabinet. Along with the Attorney general other cabinet positions of the state of Florida elected by statewide elections. Cabinet positions include the chief financial officer, the commissioner of agriculture and the state Governor. In addition it is the duty of cabinet official’s to exercise their powers and perform their duties as may be prescribed by law.
In Intro to Criminal Justice class, I had the opportunity to learn about the Criminal Justice System more thoroughly. I learned that there are three components that make up the Criminal Justice System such as the courts, law enforcement, and corrections. Each component has its own role in making sure the the Criminal Justice System is functioning properly. If one of these components are not efficient the Criminal Justice system will not be as strong as it could be.