Jury Nullification
Jury nullification means that a jury finds a defendant innocent because the law itself is unjust, or is unjust in a particular application, and so should not be applied. So really what this means is that no mater what the law says the jury will pretty much have the right to choose weather the person is going to be guilty or innocent and that is kind of ok in some cases but then again its not in others so we should not expect our juries to judge our laws only the case that person is being tried in and they should only judge that person on all of the facts given.
Amendment VI
This is the sixth amendment and this tells you about what juries can do in cases of law. “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.” What all of this means is that everyone that gets convicted of a crime gets all of the same benefits weather its a misdemeanor, felony, or capital crime. Everyone get the rights to a speedy trial and an impartial jury.
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 Sixth Amendment states that the accused shall enjoy the right to a speedy and public trial, by an impartial jury. However, Dexter was in jail for 25 years since 1982, and the appeal was still in process to the Supreme Court. Also, based on the jury selection on exhibit B, document one, there were only white people in the final jury, and African Americans were struck peremptory by prosecution. Dexter did not have an impartial jury because white people may favor his opposed side due to the different race. According to Batson v. Kentucky, the USSC also determined that peremptory challenges used to exclude jurors on the basis of race could be challenged by the defendant. It was not fair for Dexter to not have the same race people as him in the jury. In addition, the Sixth Amendment also says that both federal and state courts must provide a lawyer if the accused cannot afford to hire one. Even though Dexter did have an attorney, his attorney was not organized and prepared. The adequate attorney was not as guaranteed by the Sixth Amendment because he admitted that “he has not been to the crime scene, or viewed the crime scene photographs…has not viewed the prosecution’s witness list.” He had not done anything that could help defend Dexter. He didn't even call witnesses in the court to help Dexter. Strickland v. Washington also supports this because the court upheld the defendant’s conviction that his rights had been violated when his lawyer did not provide enough evidence to avoid the death
Bipolar Disorder (Formerly known as Manic Depression) is a mental illness linked to alterations in moods such as mood swings, mania, and depression. There is more than one type, Bipolar I and Bipolar II, and the subcategories are divided by the severity of the symptoms seen, such as cyclothymic disorder, seasonal mood changes, rapid cycling disorder and psychosis. Age of onset usually occurs between 15-30 years old with an average onset of 25 years old but it can affect all ages. (Harvard Medical School; Massachusetts General Hospital , 2013) Bipolar disorder affects more than two million people in the United States every year. (Gardner, 2011)
In the Jury system mini Q document A, the second chart shows that in around 2300 jury trials only around 300 people are Acquitted, while in Bench trials about a third of the people are acquitted. This shows that the jury system works a far larger percentage of the time while the bench trial lets a lot of people go. In the Jury system mini Q document C, John Gastil says “the framers of the United states Constitution viewed the jury system as a critically important feature.” This shows that the framers had originally intended for there to be a trial by jury for every case in order for democracy to shine through and be the leading form of government that our country
In DSM-V, bipolar 1 disorder is defined as meeting the following criteria for a manic episode, which may or may not be followed by a hypomanic or major depressive episode: There must be a distinct period of abnormally and persistently elevated, expansive, or irri...
The right to have trial by jury is an easy and simple right letting someone to be able to choose to have their fate be decide by a group of people with having different opinions from different minds letting them have a better chance of finding out the truth, because people have different perspectives in what they see. Which is also a very important right to the freedom we have and to our country. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Which defines as if someone gets charged over twenty dollars, then they’re able to ask for a jury to hear their side of the case before they lose their money and once the jury makes their decision they can not change it. This Amendment is important to our freedom because into the decision of the Farmers while they were writing on the Bill of Rights they thought it would only be fair to have an equal court system.
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.
Serving on a jury is a civic duty and an American tradition. However, some people view jury duty as a chore or as an event that negatively interrupts their lives. Some independent studies have shown that even jury duty has a devastating effect on married life. Due to this and other extraneous situations, there are only a few people who actually want to serve on a jury. This may lead to efforts by potential jurors to, in some way get out of their duty in a jury. What we know of as the current jury duty system should be changed so citizens are not forced to serve in this capacity and can still be regarded as a responsible civilian. As per the status quo, a trial jury is a constitutional right, a jury of ones peers or equals. However, ordinary people with little or no formal knowledge of the law should not be allowed to make a decision that would change a person's life.
Bipolar disorder, which is also called manic-depression, is a term used to define forms of irregular and intense mood swings that can make someone be depressed one day and a complete maniac the next. Unlike other medical conditions, bipolar disorder does not only affect one’s life, but it can also have an impact on other individuals. The extreme mood swings can have a major consequence on someone’s social life and cause one to fail in his or her career or education. Even though bipolar is not the immense discussion in medical disorders; it is still a dangerous condition that affects a multitude of individuals in the world. Many suffer severe symptoms and dangers but they can still live a satisfying life with treatments and therapy.
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.
The characteristics of bipolar disorder are significant shifts in mood that go from manic episodes to deep depressive episodes in a up and down trip that seemingly never ends. There are actually three types of bipolar disorder. In bipolar III disorder there is a family history of mania or hypomania in addition to the client experiencing depressive episodes. This category is not highly used but is worth noting. Bipolar II disorder is marked by hypomanic episodes that have not required hospitalization. Bipolar I disorder is the full-blown illness and is defined by the presence of manic episodes which require treatment, and usually hospitalization (Wilner 44).
Bipolar disorder can be broken down into four basic types. Bipolar I disorder, bipolar II disorder, bipolar disorder not otherwise specified (BP-NOS), and cyclothymic disorder or cyclothymia. Bipolar I disorder, which is defined by manic or mixed episodes that may last up to seven days, or by manic symptoms that are so severe that the person needs immediate hospital care. Usually, depressive episodes occur as well typically lasting at least two weeks. ("NIMH • Bipolar Disorder", n.d., p. 4) Bipolar II disorder is a pattern of depressive episodes and hypomanic episodes, but no full-blown manic or mixed episodes. ("NIMH • Bipolar Disorder", n.d., p. 4) Bipolar disorder not otherwise specified (BP-NOS) is diagnosed when symptoms of the illness exist but do not meet diagnostic criteria for either bipolar I or bipolar II. However, the symptoms are clearly out of the person’s normal range of behavior. ("NIMH • Bipolar Disorder", n.d., p. 4) The last type of bipolar disorder is cyclothymic disorder or cyclothymia which is a mild form of bipolar disorder. People with cyclothymia have episodes of hypomania as well as mild depression...
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.
bipolar disorder but symptoms are quite see able and just as importantly it has many diversified
If most cases went to trial, the likelihood of the accused posting bail or the judge releasing the accused on their own recognizance is seldom therefore, jails would be crowded with individuals awaiting court dates. According to an article "Why Innocent People Plead Guilty" by Jed S. Rakoff "In 2013, while 8 percent of all federal criminal charges were dismissed (either because of a mistake in fact or law or because the defendant had decided to cooperate), more than 97 percent of the remainder were resolved through plea bargains, and fewer than 3 percent went to trial." This is infringing people 's right based on the sixth