The jury system is essentially a descendant of Great Britain, the Greeks, Romans, and Egyptians. Colonialism played a significant role in the development of the jury system globally. However, despite colonial influence, judicial systems across the world have taken their own way. As a result, the jury system has developed and changed to suit the needs and social conscience of different countries. Across the world, juries examine and decide the facts in a jury trial, the accuracy of the testimony, the guilt or innocence of criminal defendants, and liabilities in a civil litigation. Today, many countries such as Britain, United States, Brazil, Canada, Japan, Australia, France, German, India, and so on practice jury trials. These countries will be the issue of discussion in this paper.
In almost all the countries where jury system is practices, juries have been seen as the best tool for ensuring equity and empowering citizens to determine and play a role in justice. According to Abramson (1994), the only way an ordinary citizen participates in government and injects community values in...
As members of society we are told that the law is a predictable and reliable entity which is applicable to all individuals, despite the differences. This statement encourages us to abide by the law, and entrust it to make decisions that are best for us as individuals and as a community. Due to the formalism of law, it must be emphasized that there is a need for a compassionate component, to even the playing field. One way the law incorporates compassion into its system is through the use of juries. Juries are a random, unbiased selection of people who will be asked to sit in a trial and decide a verdict of guilty or not guilty. The Canadian Charter of Rights and Freedoms guarantees that “a person accused of criminal activity ‘has the right
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.
As one of the seven jury deliberations documented and recorded in the ABC News television series In the Jury Room the discussions of the jurors were able to be seen throughout the United States. A transcript was also created by ABC News for the public as well. The emotions and interactions of the jurors were now capable of being portrayed to anyone interested in the interworkings of jury deliberations. The first task,...
Jury Bias With jury bias we examined that the perspective taking, victim impact statements and race of the victim had no main effects with ps > 0.26 and no significant interactions with ps > 0.64. Jury Race The race of the jury was divided into white and non-white participants. An ANOVA was then run with perspective taking, victim impact statements, and race of the victim as the between-participants factors to test against empathy felt for the defendant, for the victim, for the victim’s significant others. White participants. We observed that there was a main effect with the race of the jury and the empathy felt by the jury for the victim.
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 criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
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.
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.
... In a speech to the House of Lords in 1844 Lord Denman remarked: 'Trial by jury itself, instead of being a security to persons who are accused, will. be a delusion, a mockery and a snare. The question of juror competence remains a recurrent feature in both the research and policy. literature (Horowitz et al., 1996; Penrod & Heuer, 1997). Indeed, in the. 1998 the Home Office invited commentary on whether an alternative to the traditional jury system was appropriate for cases of serious fraud.
Centralized government has a limited range of reach. The possibility of a tyrannical majority is also limited to the reach of the centralized government and as a result, the majority does not carry the administrative power to impose its convictions everywhere. Lawyers possess an almost aristocratic demeanor, and along with judges, they help temper the democratic government through the court system. The problem here though is that the laws that limit the power of the judicial branch and the frequency with which judges, being elected officials, are subjected to reelection is a direct danger to democracy. The efficiency of a jury is also called into question. The process of being a juror instilled good mores and to the populace. These particular mores helped to establish and maintain a lawful and just
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.