The criminal justice system faces multiple accusations for not standing up to the “innocent until proven guilty” standards. While the legal system has fought to keep this statement true, the challenges still exist. One of these is a proper trial that is both unbiased and without error. The setting for a proper trial includes an impartial jury selection to follow the proper procedures of the courtroom. Selection of the jury is an important task and serving on a jury is considered by the United States as the civic duty of the community.
The jury system originated in England hundreds of years ago. The colonists brought the jury system from England to the United States. In 1733, John Zenger, a printer, printed a newspaper critical for the British Government. His attorney convinced the jury to be in favor for Zenger because his criticisms were true. After this trial, it gave ordinary citizens the freedom of speech and the power to go against the king. 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
To start off, the jury is an important role when it comes to going to trial. The Sixth Amendment gives defendants the right to an impartial trial. A jury trial usually consists of six to twelve personnel within the community. There is a process called voir dire in which the selected jury goes through a series of question to determine their mindset and to ensure that they aren’t favoring one side over the other. Both the prosecution and defense team have a chance to select and question the jury.
The Sixth Amendment in the United States Constitution is where we are promised: “the right to a speedy and public, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” Michigan’s Constitution under Section 14 is very similar: “The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. In all civil cases tried by 12 jurors a verdict shall be received when 10 jurors agree.” Some people see this as a civic duty and are proud to serve because they are told to do so in the constitution.
Juror are randomly chosen citizens brought in to watch and interpret the case, and break it down and decide whether the defendant is guilty or not. Reginald Rose´s 12 Angry Men was written after while watching real murder trial it inspired him to reveal the positives and negatives of Jury deliberations. While bench trial have strong merits, trial by Jury is more effective for many reasons including,the diversity and variety of backgrounds the jurors bring, the increase chance of discovering the truth, as well as, the fact that Jurors are usually more caring then a Judge who may be calloused from previous experiences is why trial by Jury is the fairest way to decide a criminal case. A significant advantage trial by jury offer is the diversity and variety in backgrounds the Jurors. While the Jurors were discussing the stab wound Juror Five presents the relevant the point with his jurors saying, ¨ You don 't hold this of knife that way.
This essay will look at the effects of a jury being abolished and a jury trial existing. There are certain requirements expected from jurors. These include: being aged 18 to 70 years of age, being registered on the electoral roll that they are randomly chosen on by a computer, and the individual has lived in the UK, Channel Islands or Isle of Man for 5 years after the age of 13. This allows the justice process to be fair and equal as all ethnicities have the opportunity of being randomly chosen allowing a bias free justice process.
What if one day, twenty years from now you were chosen to discuss the fate of an eighteen year old boy. What would you do? Would you take your job and do it responsibly, or would you do it like some of the Jurors in 12 Angry Men and blow it off so you can finish early and leave. Even though there was a lot of controversy in that jury room, I noticed that Jurors 3,7, and 9 used their personalities, beliefs, and views of their responsibilities to bring the boy on trial to justice. This very excitable juror is the last to change his vote, and while his stubbornness could be seen as being based more on emotions than facts, he starts off with his little notebook with facts of the case and tries to insist that he has no personal feelings on the matter.
The last danger to the justice system is jurors on the jury duty have no common sense to figure out the truth behind cases. One example is in the play “Twelve Angry Men” juror 10 says about juror 8 “ He’s a common ignorant slob. He don’t even speak good English” (Rose 326)! Then juror 11 corrects juror 10 saying “He doesn’t even speak good English” (Rose 326). Also anyone that is a United States citizen and of the age of 18 is allowed to be called to be on jury duty.
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
They have to decide important matters, verdicts, without giving reasons about their decision (Hostettler, 2004); they can nullify a verdict even if the evidence is overwhelming (Joyce, 2013). Furthermore, juries are too expensive, prolong the length of the trial (Davies, 2015) and the guilty can walk free, while the innocent is convicted (Joyce, 2013). In addition, jurors should be representative of society, but it is not
What if juror 8 did not have the courage to freely state his opinion? The innocent boy would be dead for doing absolutely nothing.
The Film 12 Angry Men, written by Reginald Rose, is a film written about the American jury system. In the film, as in any part in life, emotions are a tricky thing; This is especially true for the 3rd, 7th, and 8th jurors. One of the main themes in the film questions that of the emotions of the jurors. That question is: Is it possible to keep personal prejudice and emotions out of a trial? Is this even a good or bad thing?
The evidence presented by both sides in the courtroom, would have long lasting effects on everyone involved in the case, as well as the millions of Americans that were following the trial. Visual testimony in any trial, especially a murder trial can have many effects on the outcome of a trial. Both prosecutors, and defense attorneys have a huge burden to fulfill in order
Juror #3 mixed his personal conflicts with his son running away from home to the young man accused of hurting his father. His assumption was that young men who don't get along with their fathers might go as far as to kill him. Which is a very informal practice in a small group setting. Another incident of a informal role is to not provide the evidence first hand how can a room full of jurors decide the fate of somebody when they don't have precise evidence to incriminate him. Other jurors based the fact that the accused lived in a slum and that slum residents are delinquents by nature.
However they are wrong because some people will not take it serious as it need to be. Citizens should not be required to serve on jury because bias jurors. For example, in the play “Twelve Angry Men” during the deliberation of the verdict some of the jurors showed bias toward the young man on trial because of where he was from. “We 're not here to go into the reasons why slums are