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The history of jury
Outline and critically evaluate the jury system
Discuss the jury system
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A jury is defined as “a body of persons legally selected and sworn to inquire into any matter of fact and to give their verdict according to the evidence” by Webster(2004). It differs from a bench trial, in which a judge or panel of judges makes all decisions. Nowadays the jury system is very popular in almost all of the common law legal systems, so that people of those countries can make sure that the case would not be judged only by one’s personal willing or prejudice. Although the jury system seems a son of modern democracy, in fact, it appeared a long time ago. When the time is the age of Ancient Greece, Ancient Athens had a mechanism which was called “dikastai,” to prevent the judgment from determining trial only by one’s preference. Moreover, jury system in Rome had not only existed but also improved a lot. At first, the jury system in Rome had become the official way to deal with civilian trials from the beginning of the republic …show more content…
Then, the development of one country to another may be due to the link of culture. Thus, Backtracking to the root of the jury would be critical to understand modern jury system. Therefore, the goal of this paper is going to describe the details of the jury system in Ancient Greece, in order to figure out whether the jury in Ancient Greece is proper or not. According to Dikastic Participation(Mirhady and Schwarz, 2011), the jury system first appeared in Ancient Greece, which was called “dikastal”. It is a kind of jury system to make sure that nobody could choose the judge by willing. In normal case, the juror group may contain no more than 500 citizens as the “dikastai”. As for some terrible trial, such as death, unlawful imprisonment, exile, and loss of civil rights, would be judged by 1001 to 1501 “dikastai”. In such cases, the unanimity rule would be given up, so the result will be all based on the
Ever since human civilization came into existence, people have been putting rules in place to determine who is behaving according to social norms and moral values and who is not. Because the majority of Western societies have historically been democratic, it makes sense that the public have a say in the enforcement of said rules. It is for this reason that the trial became a popular means of deciding upon punishment for those perceived to have broken the law, while also allowing them an opportunity to testify against their charges. Socrates underwent this process in 399 BC on charges of impiety and corruption of the youth of Athens , as did Louis Riel in 1885 on charges of treason for leading a Métis rebellion . Although they lived during vastly
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.
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 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.
Socrates was accused of being a sophist because he was "engaging in inquiries into things beneath the earth and in the heavens, of making the weaker argument appear the stronger," and "teaching others these same things." (Apology, Plato, Philosophic Classics page 21) Socrates is also accused of denying the existence of the gods, and corrupting the youth. Socrates goes about trying to prove his innocence. The jury that Socrates was tried by was made up of 501 Athenian citizens of all classes of society. While he fails to convince the Athenian jury of his innocence, he does a wonderful job in this effort. I personally believe that Socrates is innocent, and that the Athenian jury made the wrong decision.
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
actual jury made up of commoners. Greece was the first to think of paying people for their
A jury system inquires fairness in a court case. A jury is “A group of citizens called to hear a trial of a criminal prosecution of a lawsuit, decide the factual questions of guilt or innocence or determine the prevailing party (winner) in a lawsuit and the amount to be paid, if any, by the loser” (Law.com Legal Dictionary 2014). As a jury member they are obligated to tell the truth and give an honest response. The jury system randomly selects 12 people for each court case. Once you are 18 years old and registered you can be selected for jury service. There are two categories of people who cannot serve and that is people who are excluded from the jury roll and who are exempt from jury service (NSW Government 2014). Those who are excluded are people with criminal convictions and who hold high positions in public office. Those exempted are due to their employment (NSW Government 2014). As a jury member you are expected to dress appropriately, be honest, and give fu...
From conception in the Magna Carta 1215, juries have become a sacred constitutional right in the UK’s justice system, with the independence of the jury from the judge established in the R v. Bushel’s case 1670. Although viewed by some as a bothersome and an unwelcomed duty, by others it is perceived to be a prized and inalienable right, and as Lord Devlin comments ‘ trial by jury is more than an instrument of justice and more than one wheel of the constitution : it is the lamp that shows freedom lives.’ It is arguable that juries bring a ‘unique legitimacy’ to the judicial process, but recently it seems that their abolition may be the next step forward for the UK in modernising and making the judicial system more effective. Many argue that jurors lack the expertise and knowledge to make informed verdicts, along with views that external forces are now influencing juries more heavily, especially after the emergence of the internet and the heavy presence it now has on our lives. Yet, corruption within the jury system is also internal, in that professionals and academics may ‘steamroll’ others during deliberations about the case. These factors, coupled with the exorbitant costs that come along with jury trials creates a solid case for the abolition of juries. On the other hand though, the jury system carries many loyal supporters who fear its abolition may be detrimental to society. Academics and professionals such as John Morris QC state that; 'it may well not be the perfect machine, but it is a system that has stood the test of time.’ Juries ensure fair-practice within the courtroom, and although controversial, they have the power to rule on moral and social grounds, rather than just legal pre...
Arguments For and Against Juries The right to a trial by jury is a tradition that goes right to the the heart of the British legal system. It is a right fiercely fought for. and fiercely defended at those times when its powers have been seen to be under threat as those backing reforms are finding. The tradition of being "tried by a jury of one's peers" probably has its origins in Anglo Saxon custom, which dictated that an accused man could be acquitted if enough people came forward to swear his innocence.
...ative. The Athenian court system influenced the way the American court system is run today. A dike case would be similar to a modern civil case; both cases involve a dispute between two individuals. Where a graphe case is similar to a modern criminal case were in both cases the state or public is affected. Both the Athenian and American court system entrust a random jury of peers with the responsibility of determining truth.