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Role of a jury in a criminal trial
The importance of the jury system
Discuss the american jury system
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Recommended: Role of a jury in a criminal trial
“Jury service is one of the most important civic duties you can perform. The protection of rights and liberties in federal courts largely is achieved through the teamwork of a judge and jury” (uscourts.gov). Conversely, often times people feel inconvenienced when they are summoned for jury duty rather than a privilege. When people have a negative impression on a matter, there can be a level of resentment, which in turn may lead to individuals not fully contributing in the decision making process of a jury. Jury duty is a privilege under the United States Constitution (Ferguson, 2013). The constitution is what gives the people of the U.S. their right, freedom, and liberty. The six amendment of the U.S. Constitution reads, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” (constitutioncenter.org). It is important to execute the U.S. Constitution as the Founding Fathers of the United States, intending to ensure the security of people’s rights, freedom, and liberty. …show more content…
The purpose of Voir dire, is to eliminate people who may have personal connections to the trial or have bias that can affect the trial. The prosecution and defense each selected people to serve on the jury. The purpose is to choose twelve impartial people from varies backgrounds. (Minow, 2015). Once the jury is selected they are placed under oath and given instructions specific to the trial they will be on the jury
Jury duty is the obligation to serve on a jury. There are many reasons for being excused if summoned, here are some: having no public or private transportation or having to exceed 1 ½ hours to travel to the trial (http://www.courti…); if you are under 18 or older than 70 (choose not to serve), or if you are not a US resident with a home in the state (http://www.cga …); if you cannot speak or understand English; or is a constitutional officer, a family support magistrate, a judge, or a member of the general assembly (http://www.cga …). After being selected for jury duty, one is at risk of jury tampering which is a crime where someone attempts to influence the jury via means other than those presented during the trial (http://le...
This stage is an examination of potential jurors to ensure a fair trial for the defendant. Ideally, voir dire will result in an impartial jury for the trial of the accused. On March 4, 2004 jury selection began for the trial of Scott Peterson. Nearly 100 potential jurors began answering questionnaires about their views on the death penalty and their opinions on extramarital affairs. The nearly 30-page questionnaire given to prospective jurors also included questions as whether they read Field and Stream, what stickers grace their car bumpers and whether they have lost a child. On April 14, 2004 Judge Alfred A. Delucchi dismissed an unidentified Redwood City woman after a brief meeting in his chambers. Defense attorney Mark Geragos two weeks early had accused the retired secretary of bragging to her friends on a bus trip to Reno, Nevada, that she has "passed the test" to get on Peterson's jury and that Peterson was "guilty as hell" and would "get what's due him." May 28, 2004 six men and six women were selected for Scott Peterson's murder trial all said they would be willing to sentence him to death if they convict him of killing his wife and the couple's fetus.
There are hundreds of Americans who are selected for jury duty every day. Just like the characters many of them believe jury duty is a major conflict in their lives. They may say they do not have time to participate, which may be true, but the law will make sure you have time. As always, life and time keep going, and nobody wants to miss it. No one prefers to sit in court when they can be doing something productive but it is not going to kill them. Everyone deserves to have a jury hear them and surely they would want that for themselves.
This chapter is mainly devoted to the jury selection process and how it is taken care
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,
They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights.
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
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.
First, when individuals are appointed for a jury, several individuals will do anything to not be selected for the trial. For instance, my father has conveyed he was indisposed or he could not afford to miss work. Moreover, most individuals do not perceive being a juror as an honor being as a citizen, instead they see it as a burden. A substantial influence on this position is the remuneration, because individuals are missing work to serve. On average, an individual who is selected to be a juror makes about 30 to 40 dollars a day, a fraction of when he or she is working. For this
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’.
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 –person narration style of “The Cask of Amontillado” is vital in creating the quality of the story. The story allows one of the main characters in the story Montresor, to tell the story from his point of view which gives the reader intimate yet disturbing look into the mind story teller thinks and feels which the reader doesn’t normally get from other narrative styles. The narrative style of this story is important because it sets the tone of the story. The reader become more familiar with the thoughts and intentions of the main character and this allows the reader to slightly figure out the outcome of the story and further understand the ironies throughout the story. If this story was told from a different angle I don’t believe it would be as powerful. First person narration
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.
On November 19, 1863, Abraham Lincoln stood on the hallowed ground of the Gettysburg battlefield and began his historic address: “Four score and seven years ago….” He would speak for about as long as it will take us to present our prepared remarks to you today, and would conclude with this sacred challenge: “that we here highly resolve that…government of the people, by the people, for the people, shall not perish from the earth.”