Informative Jury System

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1. INTRODUCTION TO THE ESSAY
Issues of bias in the judiciary often raise the question of whether South Africa should reinstate the jury system. This question can be approached from different angles. This essay sets out to explain the difference between a jury and bench trial and the pro’s and con’s of using each type of trial. An argument in favour or against the reinstatement of the jury system using theories as a basis to work will be addressed while also analyzing the socio political and economic factors that would affect the argument.
1.1. The definition of a jury trial and bench trial and the issue of bias in the judiciary

South Africa makes use of bench trials in their legal system as opposed to a jury trial which was abolished during…show more content…
This bridge will provide a link between a deeply troubled and divided past to a future based on Human rights, democratic principles, peaceful coexistence irrespective of race, sex, belief and class.
Transformative constitutionalism states that for the past wounds to heal and for us as a society to move towards a better future, we the people must change. An important principle of Transformative constitutionalism is substantive equality. Transformation must be in terms of social and economic revolution. Central to Transformative constitutionalism is the provision of services and the leveling of economic playing fields . It also means that Judges have the final responsibility to defend their rulings by reference to the law and ‘reference to ideas and values’ .
Zikode speaks of a bifurcated world/society, in other words, SA has two different classes of society . Zikode builds on this notion of an unequal legal system where the legal system favours the rich, the law is used to criminalize the poor and demobilizes the organised poor. However Zidoke has shed some positive light in that the law can also be beneficial for the poor but we need the rule of money to be removed from the legal system as well as radical lawyers. He goes further to state that we need a society where everyone is ‘treated equally before the law’…show more content…
Subsequently, Oscar was found guilty of negligence and capable homicide. This indicates the lack of understanding of the public on important legal matters . It also indicates how emotion gets in the way of dealing with the facts. It has been suggested that Oscar may get a period of house arrest and a suspended sentence . It has also been suggested that Oscar must serve some time in prison and that if he does not, then thus would fuel anger amongst black South African’s. This would be so as they would interpret it as wealthy whites getting preferential treatment . This links into the importance of having a judge and assessors that are legally trained to make important legal decisions, and to make decisions within the context of South Africa’s environment which would be deemed to be
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