Since the time of the ancient Romans, juries have been a way to solve criminal and civil decisions, but are they actually as fair and effective as we think they are? In today's world, juries are no longer an appropriate way to solve problems impartially in our modern society. I believe that the jury system in the United States is often biased and should be abolished due to its ineffectiveness.
First, how is a jury chosen? Judges and lawyers randomly select a group of about one to two hundred citizens from the "jury pool". The judges question and interview the citizens to see if they are biased toward certain subjects and chooses six to twelve people to represent the jury and court. These people, with no experience whatsoever, have to listen
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Although some measures are taken to prevent this, many jurors are still prejudiced toward certain subjects and unable make a justified decision. It is said that bringing ordinary citizens into the world of court and law will help them be able to understand the justice system and teach them how to make a candid and unbiased decision. However, most of the jurors that are chosen do not possess the knowledge and experience necessary in order to reach a neutral and equitable verdict with the information and time given.(counter-argument) Many juries have made many controversial decisions such as the infamous OJ Simpson murder case. The jury acquitted the defendant, but many believe that the jury was biased. With the jury causing countless problems in the courts, why have a jury at all? Because of the bias among the jurors, they can often make the innocent guilty and the guilty innocent.(Antithesis) Many other countries such as the government of India, have "made the decision to abolish the jury system. It is seen that consensus of the jury are often biased." The jury problem affects every court in the country like an uneven balance, easily swaying because of the objects, or jurors, in the …show more content…
That's right. In fact, juries decide less than 4% of criminal cases and less than 1% of civil cases filed in court. How can juries, clearly written in the Bill of Rights as the 6th and 7th amendments which states that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed."(allusion) If this is clearly expressed as a imperative right in the Bill of Rights, then why has the usage of juries declined so dramatically? The answer lies in the concept of the guilty plea. The guilty plea, a plan proposed by the judicial courts, declares that if the prosecutor presents the accused with a decision to plead guilty in exchange for a lighter sentence, the accused gets a shorter prison sentence, then the usage of a jury is eliminated. The use of guilty pleas has increased from a mere 20 percent to 90 percent in three centuries. The question is why should the Bill of Rights bind our nation to an outdated law and compel us to use a system that is often prejudiced and unfair?
Under the Sixth Amendment. The Sixth Amendment guarantees a criminal defendant the right to impartial jury. The jury will consider the evidence against the defendant and decide whether to find him or her guilty of the crime. Twelve jurors must agree in order to find a defendant guilty or not guilty. If the jury fails to reach a unanimous verdict and finds itself at a standstill, the judge may declare a mistrial.
The Founding Fathers wanted the people of the United States to be in a democracy or self-government and established the jury system into the constitution. It is expensive and is a long process to start a jury trial. Also, jurors are not as professional as judges and can not determine a fair verdict. The Crime Scene Investigation (CSI) effect might also affect the verdict of the jury. The American jury system should not be used because of it not being cost-effective, the lack of experience of the jury, which leads to justice not being served, and the CSI effect impacting the
However, the Court also noted that larger juries might be necessary in certain cases to ensure a fair trial. Despite the Court's rulings, some critics argue that a six-person jury is not large enough to provide an adequate representation of the community and that it may be more susceptible to biases and errors. However, others argue that smaller juries can be more efficient and can still provide a fair trial with proper safeguards and procedures in place. This is an important part of our lives because it helps ensure that people accused of crimes get a fair trial. Having a jury of a certain size can affect the outcome of a trial.
2. example 1 Firstly Ordinary people may not understand complex legal technicalities, these people may not be educated in the concept of law and maybe not even educated properly. Some people may have been educated in a completely different field and have no idea what any of the case means. This could cause the jury to loose interest and just go with what everyone else is saying because they have no idea what is going on. A lot of society have no idea about the legal requirements and what actually is right and wrong and what an offence actually is.
Another reason citizens question juries is that they have bias from personal experience or the media. The defendant and the prosecution criticize the jury system because the actual jurors may not understand the situation from any point of view because they come from different lifestyles (Doc E). The American jury system is not a good idea anymore because juries are not experts in law, they have bias, and are not “a jury of peers”. Because jurors are not experts in law, they are subject to be
America gives any defendant a trial by judge, unless the judge allows a trial by jury. There are certain cases that need a better balance between a guilty verdict and the defendant’s freedom. Murder trials often receive 12 jurors to decide the defendant’s fate, while civil cases often have a judge making the verdict. The issue lies in citizens because they are unaware of the seriousness that presides in choosing another human’s future. Judges should be the only decision makers to choose a verdict which gives a defendant a fair trial in how they will use fact over feeling, they will be focused on deciding the verdict, and they are aware of the moral issues that may come out in a case.
The American Jury System offers the United States citizens an opportunity to be proven guilty or innocent when a crime has been committed. The twelve person jury system was established in England hundreds of years ago. Originally this system was made up of twelve men and this was huge because they had the power to go against what the judge wanted in court. There are many vital points as to why our American jury system is successful; jury trials by the numbers, ownership by jury members towards the accused, how reliable or unreliable evidence is viewed by jurors, gender balance and the detailed screening process in which jurors are selected.
The jury system continued to evolve over a period of time and eventually the United States Constitution was written to govern the jury system. The Sixth and Seventh Amendments stated that we should have 12 members and the cases were to be resolved upon a unanimous verdict (Landsman & Holderman2010). In the 1970’s the court approved juries of 12 or fewer and a non-unanimous verdict in civil cases in federal court cases. Since the evolution of the judicial system it has become easier to get jurors to come to court to do their civil duty. A list is compiled of selected jurors from voter registration and driver’s license information from the state (United States Courts, n.d.).
Trial by Jury Everyone has the right to a trial by jury is a practice that the United States adapted from England common law. The United States Constitution guarantees the right to trial by jury for most criminal and many civil offenses.
In the article of Connect US “… prosecutors and defendants to have limited removal power over the formation of the jury so that it can seem fair to both sides in the case. ”(Chief, Editor) This makes it where both parties have some leeway to either stay with the chosen jury or replace someone if they feel that it will be biased for one side. Also having a trial by jury highly eliminates bias because of the twelve people, which makes it harder if a jury to make everyone vote guilty or not guilty. It’s important to know someone’s background and what condition they are in before being given an important task such as jury duty since they are contributing to either putting someone behind the bar or releasing them back to society, in the article Connect US, “…Judges and lawyers have the opportunity to question each one to see if they can be fair and impartial.”
This was determined from way back when America was first being created. Originally the U.S was control by the British but one of the main reasons for our independences from them other than the fact that the U.S. did not like their high taxes but also was because the jurors and their rights. According to the video “Annenberg Classroom: Juries” when a judge did not like the juries verdicts they were fine and threatened to have their nose cut off. American wanted their judicial to be fair and equal for all. However, they are wrong in the fact that all citizens should need to serve on the jury because people will misuse this power and will not truly understand their effect on the case and more importantly the people live on trail.
Having a biased jury is just one way Twelve Angry Men shows the dangers of the jury system. Throughout the course of the play, many of the jurors assume, because
No. 8: I think that the jury system we have today has its own advantages and disadvantages. For example, a jury that consists of jurors who are biased could be manipulated by ‘outsiders’ through bribery or some jurors, as we have discussed before, might have some personal prejudices/beliefs that may affect their decision making. But there are some advantages as well because the decision that is made by the jury is thought out very carefully by a group of people. Interviewer: [gathers all his papers]
This essay will briefly discuss the role of the jury and how it works, from the principle behind it, to the method with which members are selected, and to the powers available to jurors. Moreover, it will outline advantages and disadvantages of trial by jury, and it will point out a couple of ways which could ameliorate this type of trial. Trial by jury has been a part of the criminal justice system since the 12th century (Davies, 2015), it is considered an ancient right and a symbol of liberty (Hostettler, 2004). It creates no precedent and it can decide challenging cases equitably without making bad law, it also brings members of the public into the administration of justice and into an understanding of legal and human rights (Hostettler,
The judge assigned to the case is responsible for the selection of jurors to serve as the jury in a particular case. The reason as to why the jury system was established to reach a fairer judgement of the case than using the judge’s conclusion alone. Because a jury