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Essay on affect of bias on juror decisions
Bias in the judicial system
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In the movie Runaway Jury the attorneys go beyond the bounds of decency to collect information about potential jurors for a murder case. The typical process that the United States follows when finding potential jurors is called Vior Dire. Through this process attorneys can select or reject jurors depending on the answers to their Vior Dire, or their questionnaire. The questionnaire generally asks about backgrounds and biases the juror may have. I believe this is the fair way to pick and chose jurors and the way Rankin Fitch went about it is irresponsible and invasive. Despite the questionnaires filled out, Fitch, bugged the defense attorney with a microphone to ensure he would pick a jury that would side with him and his team. I find this to be extremely unlawful and unethical. When picking a jury the objective is to get a bias subject that can listen to both sides. To select individuals that seem unbiased already defeats the purpose of the jury as a whole. Ultimately, I think that a jury should be selected just using the Vior Dire process. It allows for an unbiased choice and any further digging or research on a person seems to be overdoing a simple process. If an attorney …show more content…
When an individual is called for jury duty they are supposed to act as an impartial juror. This ultimately means that they will hear both cases and come to a verdict without any prejudices or biases in the way. As humans, people are most likely going to be swayed one way or another when they hear each side of the case. No matter the reason, a juror can be bias even when they know they shouldn’t be. Overall, I do not believe in the concept of the impartial juror. It is a great idea, but it is hard to tell if an individual is actually giving a verdict based on the case or based on his or her own biases. This could taint the trial and cause jurors to be forced to leave the
There are quite a few specific factors that affect whether the minority can influence the majority’s opinion. For example, when Juror #9 becomes an ally of support for Juror #8 in his defection from the majority consensus. Although Juror #8 may have started with only one ally, gradually he gained support from other jury members. Another important factor in the power of minority influence (Myers, 298) is the consistency of the viewpoint. Juror #8 never ‘flip-flops’, proponents of the minority position must stand firm against the pressure to conform. Even when Juror #8 is taunted by his fellow jurors after voting not-guilty in the initial vote he stands firm on his position and resists the pressure to conform. Furthermore, high self-confidence and self-assurance improves the position of the minority. Juror #8 presented firm and forceful arguments without being overbearing. He justifies his not-guilty vote by saying, “I just think we owe him a few words, that's all.” In the film, there is also a point in the discussion where Juror #6 defends those who voted not-guilty from the bullying, shouting, and name-calling from the other jurors. Throughout the film, Juror #3 is a bully, a specific example of insulting nature it seen in the film when another not-guilty ballot is received and he attacks Juror #5. He shouts, “Brother, you really are somethin'. You sit here vote guilty like the rest of us, then some golden-voiced preacher starts tearing your poor heart out about some underprivileged kid, just couldn't help becoming a murderer, and you change your vote. Well, if that isn't the most sickening - *why don't you drop a quarter in his collection box?” his criticisms of the other jurors does not sway people to his side. In reality, when a minority gathers strength people feel freer to think outside the box without the fear
This stage is an examination of potential jurors to ensure a fair trial for the defendant. Ideally, voir dire will result in an impartial jury for the trial of the accused. On March 4, 2004 jury selection began for the trial of Scott Peterson. Nearly 100 potential jurors began answering questionnaires about their views on the death penalty and their opinions on extramarital affairs. The nearly 30-page questionnaire given to prospective jurors also included questions as whether they read Field and Stream, what stickers grace their car bumpers and whether they have lost a child. On April 14, 2004 Judge Alfred A. Delucchi dismissed an unidentified Redwood City woman after a brief meeting in his chambers. Defense attorney Mark Geragos two weeks early had accused the retired secretary of bragging to her friends on a bus trip to Reno, Nevada, that she has "passed the test" to get on Peterson's jury and that Peterson was "guilty as hell" and would "get what's due him." May 28, 2004 six men and six women were selected for Scott Peterson's murder trial all said they would be willing to sentence him to death if they convict him of killing his wife and the couple's fetus.
Beverly, I am also a proponent of the United States developing a system of professional jurors. I also believe it would cut down on biased opinions and help rebuild people’s faith in our criminal justice system. In addition to the points you made, I believe professional jurors also would alleviate the process of the prosecution and defense counsel being able to stack the jury pool with individuals favorable to them. Although the U.S. is a country that is for the people, many citizens don’t want to set on a panel of jurors to determine the fate of an individual they do not know (Weigman, 2011). The main reasons for this is because, it causes them to be pulled away from their livelihoods, which for many encompasses work and family. Lastly,
This chapter is mainly devoted to the jury selection process and how it is taken care
I believe that the jury system is an unfair system due to the limitations which are included during jury selection. Many professionals and groups of people are exempt from jury service: police or anyone dealing with the law (law student, lawyer, judges, assessors), anyone dealing in medicine (doctors, nurses), small or large business owners Pregnant women or women in general can claim special considerations, along with; teachers, accountants, ministers of religion, or generally anyone with a professional/education. So due to this, people who serve on a jury can be unemployed or part of a less educated and informed strata of society.
While having a judge may seem like it is more effective, while calculating time spent on the case, money used, and the education in the field of justice that a judge has, using a trial by jury is the best way to preserve the American ideal of democracy. In the Jury system mini Q document F, Mark twin mentions that the jury system doesn’t want educated people because they would make the trial too easy for one side. Rather than insulting the jury system it seems like this is more of a good thing because it shows that the jury system doesn’t want people who know too much about the subject already and could sway the decision based solely on their bias. Another way that the system is fair is the fact that rather than having one judge decide the fate of a person, rather it is 12 other citizens that have no ties to the person. In the Jury system mini Q document B The letter states “a reasoned and professional judgment should be replaced by blanket verdicts or pretty well any twelve men and women … I had taken my leave of sense.” While this man is insulting the jury system what he says should still be looked at. The people that come together for a jury will have much less bias towards the accused person that a judge who has either seen the person before, or could just not be looking at it with multiple points of
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.
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,...
The questions should be shaped around the individual’s views and also his or her ability to think analytically. Nevertheless, without these important questions, an individual may not qualify for the job. For example, Juror #10, the Garage Owner was an individual who was prejudiced against the defendant. Juror #10 was quick to agree that the defendant is guilty because of his personal view on the defendant’s color and where he lives. By, incorporating critical thinking questions, this may assist to find individuals who do not let their own personal views cloud their judgement and their decision
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 jury’s decision, however, was not based on evidence, but on race. A jury is supposed to put their beliefs aside and make a decision based on the information given during the trial. Jury members must do their duty and do what is right. I tried to do what was right, but all the other members of the jury were blind. They chose to convict because of skin color rather than actual evidence from the case.
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.
These two jurors are almost the plain opposite of each other. Juror 3 appears to be a very intolerant man accustomed of forcing his wishes and views upon others. On the other hand, Juror 8 is an honest man who keeps an open mind for both evidence and reasonable doubt. Since these two people are indeed very different, they both have singular thoughts relating to the murder case. Juror 8 is a man who is loyal to justice. In the beginning of the play, he was the only one to vote ‘not guilty’ the first time the twelve men called a vote. Although his personality is reflected on being a quiet, thoughtful, gentle man, he is still a very persistent person who will fight for justice to be done. Juror 8 is a convincing man who presents his arguments well, but can also be seen as manipulative. An example would be when he kept provoking Juror 3 until he finally said “I’m going to kill you" to Juror 8. He did this because he wanted to prove that saying "I’ll kill you" doesn’t necessarily mean that Juror 3 was actually going to kill him. Juror 3 is a totally different character. He is a stubborn man who can be detected with a streak of sad...
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...