1.Intro
The jury system for Australia is not a fair system. There are many fault with the structure of how it is decided and how is picked. The jury should be 100% fair and not biased in any way, if this is not the case a criminal or civil offences could be charged for the wrong thing. Some reasons why the jury system is not a fair system is because Ordinary people may not understand complex legal technicalities, some people are exempt from serving, the jury is not a true cross-section of society and also It is difficult for people to remain completely impartial, especially if they are influenced by the media coverage of the 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. This makes the jury system completely unfair because some people have no idea and don’t really about it.
3. Example 2
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For example teacher do not have to serve in jury service because there is no specific amount of time that the case will go on for, if the case goes on for 3 months the teachers miss out on 3 months of school therefore effecting the students and their learning. For this reason teacher do not have to attend jury service. This means that there will not be a teachers point of view on the jury system, a teacher could give good points about the
Jurors should not know anything about a specific case and not follow public affairs and read the news (Doc F). When a person is selected to be part of a jury, they have to say an oath stating that they will not use their emotions to determine the verdict of a trial. If a juror is caught using their emotions, they will be fined for a crime called perjury. Since there are twelve people in a jury, there is a variation of opinions when the jury decides a verdict. But, a judge is more professional and knows how to only use the evidence provided and be less biased.
On the 14th of October 2011, Mr Rayney had submitted an application for a trial which only involved a judge without a jury present. This was due Mr. Rayney assuming that a strong bias had been manifested pre-trial as a result of the subjective publicity revolving around the death of his wife, Corryn(The Conversation, 2012). Therefore, the jury and any member of the public would already have preconceived views in favour of Mr Rayney being guilty of murdering his wife. The trial was successful for Mr Rayney where he was acquitted of murdering his wife. Similarly, this issue is somewhat common as it had also occurred in the case Evans v The State of Western Australia [2011] WASCA 182, in which both appellants had made appeals after being convicted for murder.
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
As a result, the trial and the jury should be more objective. The jury's verdict on whether the defendant is guilty is essential to the operation of the jury system. Since their decision might have far-reaching effects, they have become an integral element of the trial process (Ruderman, 2020). However, this may also make jurors a troublesome part of the process since they may need to thoroughly examine the material or apply the right roof standards to hand down verdicts. 3 resolve these problems.
In Twelve Angry Men, Juror 1(Foreman) says, “Anyway this friend of my uncle’s was on a jury once, about ten years ago- a case just like this one..... They let him off. Reasonable doubt. And do y’know, about eight years later they found out that he’d actually done it, anyway.” By allowing different people onto the jury, they have the ability to give assumptions and information about other cases which can sway and harm the verdict.
Guilty or not guilty, all citizens deserve a thorough trial to defend their rights. Formulating coherent stories from events and circumstances almost cost a young boy his life. In Twelve Angry Men, 1957, a single juror did his duty to save the life of an 18 year old boy by allowing his mind to rationalize the cohesive information presented by the court and its witnesses. The juror’s name was Mr. Davis, he was initially the only one of 12 jurors to vote not guilty in reason that the young boy, sentenced with first degree murder, may be innocent. I am arguing that system 1 negatively affects the jurors opinion on the case and makes it difficult for Mr. Davis to convince the other jurors of reasonable doubt.
As a U.S. citizen there are pretty much only three things you should be doing, that is paying taxes, voting, and serving on a jury. Skipping over the first two brings us to jury duty, which many feel to be a nuisance, but really, is it? Our right to a jury trial is one of the foundations our country was built on. Just because you don’t have a choice when it comes to jury duty, doesn’t mean it’s something that you should feel negative toward. Yes, that piece of mail we receive “summons” us to report to jury duty, but don’t think it that way.
Citizen Required To Serve? Jury a group of citizens sworn to give a verdict in a legal case on the basis of evidence submitted to them in court. Being able to serve on a jury is an absolute privilege to do for some and one thing that makes this country very different and unique from others. Serving on a jury should not be required for citizens. Some people believe serving on a jury should be a requirement for every citizen.
It can be argued that the jury was not a proper representation of his peers. Along with other factual errors surrounding Dixon’s false conviction,
I think that I would like to be on a jury and experience what is required of a juror, I think everyone should be a member of the jury at least once in their lifetime. Having to experience the juries’ duties on a civil or criminal case, in some instance would be hard. Especially in a murder case involving children or battered women. When the judge gives you direction to please disregard that statement. How can you disregard information that you have heard?
Young students are expected to be useful members of the society in future time which is why they need to train on how to act fairly. They arguably have better understanding and knowledge to make rational and ethical decisions. It is quite sure that failing to serve as a juror does not bring fairness
This is an important element when deciding who the best and worst jurors were. There were no facts as to who was right or wrong because we didn’t see the crime in question. All
The justice system that relies on twelve individuals reaching a life-or-death decision has many complications and dangers. The play Twelve Angry Men, by Reiginald Rose, illustrates the dangers of a justice system that relies on twelve people reaching a life-or-death decision because people are biased, they think of a jury system as an inconvenience, and many people aren’t as intelligent as others. The first reason why Reiginald illustrates dangers is because people can be biased or they can stereotype the defendant. The Jurors in Twelve Angry Men relate to this because a few of them were biased and several of them stereotyped the defendant for being from the slums. The defendant in this play was a 19 year old kid from the slums.
These people are dangerous and don’t need big reason to kill someone.(This is an example of Prejudice too) Perception Discussion of elevated train (0:18:05) Could hear the argument (0:19:24) Discussion of lady's testimony (1:21:21) In all three situations Jurors organizes the information and translates it into something meaningful and comes to conclusion which results into making others to switch their vote from guilty to not guilty.. Representativeness heuristic "
In this paragraph, the advantages and disadvantages of trial by jury will be discussed. The main advantages are that juries introduce community values into the legal process and can influence the system (Joyce, 2013); they can achieve a sense of equity and fairness without enforcing unjust laws; in addition, juries are independent and neutral (Davies, 2015). Moreover, they guarantee participation from the public in a democratic institution (Hostettler, 2004), and represent the population thanks to the randomness with which jurors are decided (Davies, 2015). On the other hand, the most important disadvantages are that jurors have no prior contact with the courts, no training (Hostettler, 2004) and therefore they lack knowledge of law, courtroom proceedings (Joyce, 2013), and lack of ability to understand the legal directions (Thomas, 2010). Moreover, they must face evidence which is highly technical (Hostettler, 2004).