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Important role of the jury in the criminal justice system
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The Right To A Free Trial One of the most important freedoms in the American judicial system is the right to a jury trial. This allows a minimum of six Americans, chosen from a list of registered voters, to determine a person's guilt or innocence through deliberations. They have the power to express the conscious of society as well as interpret and judge the laws themselves. If they feel that a law is unconstitutional, evil, or even unfair they can void it for the circumstance by declaring the defendant not-guilty. The power of the jury is enormous and through time has become more equitable by decreasing the limitations to become a juror including race and sex. Part of the reasoning behind the right to a jury trial is to limit government power. Although judges should be fair and just, total power is too strong, and could be used to aid some people while harming others. As someone once said, “Power corrupts sometimes, but absolute power corrupts absolutely.” Many people thought anarchy would form through the use of a jury system, but no such thing has occurred. It has produced a feeling of involvement in the judicial system and government itself. Throughout this essay, a comparison of a real jury, a simulated jury, and Hollywood's perception of a jury will be discussed. The television special, Inside the Jury Room, showed a videotaping of a real life jury as seen in a small criminal courtroom. The case was Wisconsin v. Leroy Reed, a criminal trial for the possession of a firearm by an ex-convict. The simulated jury concerned an ex-military man who shot two police officers, killing one and seriously injuring another. The police had broken into his house because there was probable cause to believe he had drugs. The man shot the officers because he thought they were robbing his house. The Hollywood version, titled 12 Angry Men, revolved around a teenage boy who was accused of murdering his father and could possibly lose his life if found guilty. The topics of jury selection and appearance, the jurors understanding of their significance, and the deliberation and verdict will be examined for the three juries. The actual jury itself, has much bearing on how a verdict will result. Are the members compassionate? Rigid? Black? White? Rich? or Poor? All of these factors can influence a jury; this is why lawyers are so critical when making their decisions. In the past, juries only admitted white males, as in 12 Angry Men. Discrimination against blacks has always existed; and until the fifteenth amendment was passed, and the Grandfather Clause, White Primaries, and
Mention the pros and cons of our jury system and possible alternatives of it. Also, identify the group dynamics of the jury members
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court.
Yet with the help of one aged yet wise and optimistic man he speaks his opinion, one that starts to not change however open the minds of the other eleven men on the jury. By doing this the man puts out a visual picture by verbally expressing the facts discussed during the trial, he uses props from the room and other items the he himself brought with him during the course of the trial. Once expressed the gentleman essentially demonstrate that perhaps this young man on trial May or may not be guilty. Which goes to show the lack of research, and misused information that was used in the benefit of the prosecution. For example when a certain factor was brought upon the trail; that being timing, whether or not it took the neighbor 15 seconds to run from his chair all the way to the door. By proving this right or wrong this man Juror #4 put on a demonstration, but first he made sure his notes were correct with the other 11 jurors. After it was
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.
The modern US version of a jury derived from ancient English law. It is said in the early 11th century, William the Conqueror brought a form of a jury system from Normandy that became the basis for early England’s juries. It was constructed of men who were sworn by oath to tell the king what they knew. King Henry II then expanded on the idea by using a group of white men with good morals to not only judge the accused, but also to investigate crimes. King Henry II had panels of 12 everyday, law abiding men; this aspect of it is much like modern juries. The difference is that these early jurors were “self-informing”. This means that they were expected to already have knowledge of the facts that would be presented in court prior to the trial. King Henry II’s first jurors were assigned the job of resolving the land disputes that were occurring in England. ...
State V. Fisher. Wisconsin Supreme Court. 17 May 2006. LexisNexis Academic. Web. 04 May 2014. .
Throughout history there have always been issues concerning judicial courts and proceedings: issues that include everything from the new democracy of Athens, Greece, to the controversial verdict in the Casey Anthony trial as well as the Trayvon Martin trial. One of the more recent and ever changing issues revolves around cameras being allowed and used inside courtrooms. It was stated in the Handbook of Court Administration and Management by Stephen W. Hays and Cole Blease Graham, Jr. that “the question of whether or not to allow cameras in American courtrooms has been debated for nearly fifty years by scholars, media representatives, concerned citizens, and others involved in the criminal justice system.” The negatives that can be attached to the presence of cameras inside a courtroom are just as present, if not more present, than the positives that go hand-in-hand with the presence of cameras.
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.
During my visit to the Lafourche Parish District Attorney 's Office, I heard a copious amount of information that proved to be interesting, surprising, and some of it familiar to what I already knew or had learned in class. The first speaker, Joe Soignet, assistant district attorney, gave me a sense of what actually happens in a court case, specifically the process of selecting a jury. I had an idea of how picking a jury goes because of stories from friends and family who had been called for jury duty. I knew from them that as long as you answer with very strong opinions you can get out of jury duty. What I learned in class, however, is that picking a jury can take a long time, the right to a jury trial is guaranteed by the 17th Amendment and
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...
Stevenson, Bryan A. Illegal Racial Discrimination in Jury Selection. Rep. Montgomery, Alabama: Equal Justice Initiative, 2010. Print.
They also have to be registered to vote, which means as a parliamentary or local government elector. There are disqualifications too, for example you cannot be mentally disordered or be disqualified from jury service. Before these qualifications you needed a property qualification to be a juror. Meaning, you had to be the owner or tenant of a dwelling. Usually women and young people were less likely to own or even rent property which meaning they couldn’t serve on a jury trial.
jurors for reasons that need not be stated. Causes vary from state to state, but are
The judge was a middle-aged male who looked intimidating and seemed to be well respected. To my surprise, we did not have to stand up when he entered the room. After the judge came out I assumed the jury would follow quickly after. However I quickly learned that there would be no jury for this particular trial. After a few minutes, the handcuffed defendant entered the room wearing an orange prison jumpsuit. He was a middle-aged, African-American male who was involved in a narcotic conspiracy case. In addition to the defendant a probation officer, the prosecutor and the defendant’s lawyer were also present. Aside from me, my classmate and a student from Georgetown the defendant’s wife and sister were in the
The legislation that governs the jury system is the Jury Act 1995 (Queensland). In this particular legislation it tells you the citizen’s obligation to perform jury service, jury districts and rolls, power to excuse from jury service along with many other sections and subsections of other information on jury matters. There are 12 people that make up a jury. They are chosen at random and are called upon to attend jury duty. It is a person’s moral obligation to attend jury duty unless they have a valid reason like work, childcare, financial implications or unless you are;