Jury Trial Research Paper

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A jury trial is a legal proceeding in which a jury makes a decision or findings of fact which then direct the actions of the Judge. The jury trial has been traced back many times with different findings each time. However, for my research I could trace it back as far as Ancient Greece. In 350 BCE Aristotle first described the Athenian jury system. In Aristotle’s description jurors are selected at random and assigned at last minute, then drops their ballot in one out of two jars after hearing both sides of the case. At this time the jurors were expected to know or least have some knowledge of the Athenian law (Soft Schools). Then later on England also establishes a system of law that upholds the jury system. When King John signed the Magna Carta …show more content…

In the Crown Court juries are brought to court for criminal trials in which the offence is indictable, that has first been examined by the magistrates (Wikipedia). The magistrates may even try a case, however the accused has the right to a Crown Court trial including a jury. However, in a case of summary offences there is no right to a Crown Court jury, it is instead tried by the magistrates. Since Pope Innocent III held concern that wrongful convictions were leading to a loss of faith in divine providence, the idea of ‘trial by ordeal’ lost its point (British Library). Trial by ordeal was essentially a test of life or death, meaning innocence was declared by survival. In its place came a system where local men used the method of fact finding to give acceptable verdicts. At first it was only ‘twelve good men and true’, women were not added to this until the last century (British …show more content…

Both parties have the right to appear in court, call witnesses and testify on their behalf. Although most times the defendant will not testify on their own behalf which could lead to self-incrimination. After hearing both sides speak and issues their final arguments, the jury then receives their specific instructions from the judge which vary depending on the circumstances of the case. The jury usually consists of six to twelve jurors (US Courts). They then go to the jury room to begin the deliberation process to find an acceptable verdict. Most states, the first thing is to elect someone as the foreperson (American Bar). Usually the court provides the jury with written forms of any possible verdicts, so when a verdict has been reached, the jury only needs to pick the proper paper to deliver to or read aloud to the judge. In all criminal or federal cases the jury’s decision must absolutely be unanimous, they juries mindset must be “without a reasonable doubt” that the person in guilty or innocence. When jury decisions are not unanimous it is then declared a mistrial, and may be tried again at a later date with a different jury, unless the plaintiff no longer wishes to continue with the case (American

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