Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The introduction of the jury system
The american jury system history
Arguments for and against the jury system
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The introduction of the jury system
The jury system has in the past been described as ‘the jewel in the crown” or “the cornerstone” of the British criminal justice system by Lord Justice Auld in his book ‘Review of the Criminal Courts of England and Wales’. Trial by jury is an ancient and democratic institution (Jury Under Attack). It will be seen later that it is a declining one, particularly DUE TO CONTEMPT OF COURT, A … Peter Carey, in his book, Media Law (2010) defines contempt of court refers to the courts ability to publish any person who interferes, in any way, with the proper functioning of the court system.
The jury system provides an opportunity for the layman to participate in the administration of the legal system, to reassure the rest of us that justice is being done in individual cases. The purpose of this essay is to explore the extent to which jury trials nowadays are under threat in the age of the internet and social media and whether they can cope in our modern technological era. To do this I will be dealing with a number of different issues throughout. Firstly to begin with, I will look at how the internet is impacting upon the English legal system as well as problems with juries and the internet. I will then investigate whether social media is criminogenic and lastly a brief look at reforms of the jury system.
The public generally refer the jury as the ‘cornerstone’ of the British criminal justice system, an important element in ensuring public acceptance. It has been defended by some as the bastion of democracy. However, throughout the years, the jury has come under much criticism and reform with some labelling it an old-fashioned system that allows miscarriages of justice to take place. During the past 30 years, technological change has occur...
... middle of paper ...
...rs that the courts are very serious about the issue of contempt of court. However, if we are to preserve trial by jury, the ‘jewel in the crown’ of British justice, the imprisonment of just one individual is simply not enough for the public to keep this confidence in the system. Ensuring that trial by jury can effectively operate in the new media age requires trust. If jurors cannot be trusted to rely solely on courtroom evidence during proceedings, then the need to monitor jurors' activity during a trial should be introduced. The threat that this growing practice poses to trust in our justice system and to the effectiveness of trial by jury remains fairly high. In the words of Lord Devlin in his book ‘Trial by Jury (1956): "Trial by jury is more than an instrument of justice and more than one wheel of the constitution: it is the lamp that shows that freedom lives”.
This chapter is mainly devoted to the jury selection process and how it is taken care
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.
Is the jury system a good idea? Many will say yes, and a few like myself will say no. At first I believed, yes a jury system is a good idea, it’s lasted us this long so why should there be any changes to it. Then I read this DBQ and it changed my mind. So first of all, most jurors are non-reliable, a lot of them can be biased and not even care or pay attention to the case they are assigned to, and lastly we have living proof on why we should get rid of a jury, and that is the Casey Anthony case.
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
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.
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. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
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’.
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.
What do we know about the criminal justice system? The criminal justice system is a series of organizations that are involved in apprehending, prosecuting, defending, sentencing, and jailing those involved in crimes; along with the system, regular citizens are summoned for jury duty in order to contemplate whether the defendant is guilty or not. It appears to be a rather secure, fair, and trustworthy system; one that should work relatively well, right? Unfortunately, the criminal justice system is an ultra-costly and ultra-punitive; the system is neither protecting victims nor rehabilitating lawbreakers. For example, trial by jury; there is usually a small amount of people in the jury who actually considered that another being’s life is on the line. In trial by jury, the court is literally trusting the life of another being in the hands of twelve strangers who need to argue with each other like kids until they conclude a verdict. In the play, Twelve Angry Men, a group of men are summoned for jury duty and almost all of the men would rather conclude a verdict immediately and leave; except for one, Juror #8. He managed to detain the group by requesting for a discussion of the murder trial before voting “guilty” or “not guilty.” Not once did Juror #8 allow the others to influence him unless they had a valid explanation.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
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 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.