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Disadvantages of the jury system essay
The disadvantages of the jury system
Essay discussing the disadvantages of the jury
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Historically, jury nullification has been in the U.S. sense the 1930s during the prohibition era when the transportation and sale of alcohol was unlawful. According to research, in previous times jurors have ignored unpopular laws that are applied by the government and still do today (When the Jury Ignores the Law, 2015). Giving jurors the right to exercise the power of jury nullification would be unlawful and injustice.
Some history about jury nullification goes all the way back to English law. Research shows that it was created to check and balance on the government power and nullification has a big influence in American history today (The Life of the Law, 2015). Historically, during the revolutionary war it was unlawful to speak out toward the British, but juries would find the offenders innocent and also nullified to keep “bootleggers”
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out of jail (The Life of the Law, 2015). Even though the power of ignoring the law was given to jurors for the U.S. history, in today’s society courts dislike the power of nullification and try to avert it. Jury Nullification occurs when the jury gives a verdict of the offender not being guilty regardless if the offender is guilty with the violation they are being charged with.
Jury Nullification have various negative aspect of it. It has the power to distress the justice system. For example a jury that consider child pornography to be unlawful have the power to nullify. According to research, a jury that have knowledge of over populated prison rates and suppose the offender was aimed for their race can also nullify. A jury that suppose a harmless offender is a victim instead of a perpetrator can nullify (Mathews, 2014). Therefore, jury nullification is no good in most cases because it is not lawful nor justice in society. According to research, allowing jurors to have the power of jury nullification will cause them to forget about the laws and decide if the offender is guilty or not based on emotions (When the jury ignores the law, 2015). Nullification power would allow dangerous offender to be free without paying for their consequences. Therefore, the jury should decide the verdict based on the facts that are presented in
court. There are various cases of purported jury nullification due to race such as, the O.J. Simpson and the George Zimmerman case. In today’s world America minority are being treated unfairly in the criminal justice system. George Zimmerman was found not guilty of the death of Trayvon Martin. Studies have shown that the jurors had two other choices to find Zimmerman guilty such as, second degree murder or manslaughter (Yan, 2013). Even though Zimmerman did commit a wrongful he was yet still found not guilty. Research also shows that Zimmerman racially profiled Travon Martin (Yan, 2013). People that are in favor of jury nullification suppose that it prevents injustice but yet still to be injustice by racism. O.J. Simpson was arrested for the murder of his wife. Research have shown that jury nullification stood at head with O.J trail. Simpson attorney embolden the jury to absolve Simpson regardless if they found him guilty so the jury can send a message to the LA police department (Jury Nullification, 2015). This trial was around the time of the LA riots and citizens felt like the justice system and the police were hard on black people and they did not want to have that image anymore. In conclusion, allowing citizens to practice the power of having nullification is a wrongful act. It’s to risky to put unlimited power in the hands in of twelve people. They can take away the power of juror nullifying without taking away legal rights of the Constitution. Jury Nullification is not an act but it’s a power. Jury Nullification also causes turmoil to society such as, violent protest and riots. Nullification go against the principles that are applied regarding equal treatment under the law because of their standards. This method also encourage jurors to act on their own bases and be prejudices instead of going by the legal standards. Jurors also have shortage of knowing the judgments of the law and punishment. Regardless of how a juror feel a crime is a crime no matter the race, gender, economic status. The justice system is made to have “justice” and having the power to nullify is injustice. An offender should always have to pay for what they did that harmed an individual or a community.
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.
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
Mention the pros and cons of our jury system and possible alternatives of it. Also, identify the group dynamics of the jury members
2016 is slowly approaching as 2015 comes to an end and thus ushers in a new president at the end of the year! The 2016 election will be held on November 8th, 2016 and will be the 58th quadrennial presidential election. With each presidential election comes the controversy on the basis of how they were elected. Primarily, the public’s opinion on the Electoral College and how it is the actual determining factor, in who is chosen for the presidency. The problems that may spring forward will be what the Electoral College actually is and how it works, why the Founding Fathers created the Electoral College, major criticisms on the Electoral College, and why it should be abolished.
Smith, William (1997) “Useful or Just Plain Unfair? The Debate Over Peremptories; Lawyers, Judges Spllit Over the Value of Jury Selection Method” The Legal Intelligencer, April 23: pg 1.
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
For example, all-white juries in the post-civil war South routinely convicted black defendants accused of sex crimes against white women despite minimal evidence of guilt (Streicker, 2014). Jury nullification only affects a single case in which it is used, not the actual law. A consistent pattern of acquittals for prosecutions of a certain offense can have the practical effect of invalidating a law, therefore leading the Supreme Court to alter a law or implement a new one. History of Nullification Since the Founding Fathers produced documents laying out the platform of government to run the United States, jury nullification was implemented as a way for people to disagree with the law and not prosecute individuals based on personal opinions. The law limits the courts' ability to inquire into jurors' motivations during or after a verdict.
The topic of the death penalty is one that has been highly debated throughout history. In the Intelligence Squared debate, Barry Scheck and Diann Rust-Tierney argue for the notion of abolishing the death penalty while Robert Blecker and Kent Scheidegger argue against abolishing the death penalty. Diann Rust-Tierney and Barney Scheck uses logos and ethos to debate against Robert Blecker and Kent Scheidegger who masterfully manipulate ethos and pathos for their case.
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’.
Even in this modern day, your rights are not always secured. During wartime, the government can suspend Habeas Corpus, which prevents unfair arrests and punishments. Suspending Habeas Corpus is taking your rights to a fair trial, and throwing them in the trash. As you are probably assuming, the suspension of habeas corpus has been a controversial topic. You must also be asking yourself, “why take away the people's’ rights, wasn’t the United States built on the rights of citizens?”. Some people see that suspending Habeas Corpus could be useful during a war because it allows someone to quickly be prosecuted, with only the need for probable cause, while other people see it as an unnecessary check on American citizens’ rights.
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.
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.
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
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.