If the US does consider abolishing the trial by jury and permanently replace it with trial by the bench, then it would be best to get the opinion of the citizens first before taking action. Some citizens may have some idea what the difference is between trial by jury and trial by the bench and some don’t, so it would be best to inform them of its differences. A trial by jury consists of twelve people from the community, the job of the jury is the come to a decision if the witness is found to be guilty or innocent and the judge decides the law. But for the verdict to be decided all twelve jurors must agree on the same decision, and if only one still does not believe the witness to be guilty or innocent then the other jurors must have to convince …show more content…
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.” If it seems like a jury may have something against the witness then they shall be removed because they are deemed not suited for this situation. Knowing this it seems better to have a trial by jury rather than taking a trial by a judge who takes both roles and which the prosecutor only needs to convince one person that the witness is
Then the case may be dismissed or the trial may start all over again (LC). The origins of the jury system are from the 11th-century England. The concept was that people were entitled to a jury of their peers. At the time, a peer meant someone who knew the accused, someone who lived in the neighborhood and knew who was a liar and who
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.
Although the jury takes forever to make their final decision about the trial they still reurn back to their old ways. In other words, the jury almost changed, but the jury is still biased towards the
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
Over the years, a plethora of court cases have caused Americans to wonder: is our jury system indeed as wondrous as it is conceived to be? To explain, the jury system is the concept of giving the defendant in a trial the option of either having a bench trial, one where a judge alone reaches a verdict, or a trial by jury, one where a group of twelve ordinary citizens is chosen to reach a verdict on the case. One may wonder why a dozen everyday denizens are being endowed with the absolute power over a possibly life or death decision in the life of a neighbor that is unknown to them, but the framers of the United States Constitution believed that this was the most democratic option in making sure that justice is properly served. Explaining further,
With a jury that cares about everything but the trial, how is the defendant suppose to be given a fair trial? He isn’t. The last piece of evidence is cartoon 3, where a dog is being judged by his natural enemies, feline (Document E). These ‘jurors’ all hate the dog and no matter what the evidence is, the dog will be guilty. It applies to our system with the notion that a suspect is hated by jurors because the media accuses them of being guilty before the trial begins.
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.
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.
Juries are selected at random from the community, ensuring that the trial is not biased towards any particular group or individual. The use of juries in the legal system provides a system of checks and balances. “Of course trial by Jury is one of our sacred cows.” (Document B) The jury acts as a counterbalance to the power of judges and prosecutors, ensuring that no one person or group has too much influence over the outcome of the case.
Only 0.58% of cases get sent to trial by jury. A jury is a group of 12 men or women that have to make the decision in the case after listening to the whole case. They sit in a cramped box to try to reduce distractions. The reality is that they don't really pay attention and mess up the outcome a lot of times. Is the American Jury System Still a Good Idea?
Jury Duty Jury duty is a very important obligation that every citizen of the United States has bestowed upon them. It is not only a responsibility, but a privilege to be able to serve on a jury. Jury duty is the most direct way to participate in the democracy and the legal system in the United States. Also, as was stated in the video that we watched in class, and then echoed by the person that I interviewed, it is important for the jury to consist of many different people with different backgrounds, and it is important that everyone in the community gets involved with the jury process.
A flawed jury is what makes for an unfair trial. Juries are a crucial piece of the puzzle which helps create the system we have today, one where it needs to be represented in the right way that makes the justice system an improved one. The judicial system is one where the jury needs to accurately represent the community that the accused resides in, achieving this can impact the community first hand, make it easier to protect the defendant from unfair sentencing, and promote public confidence in the justice system which is what lots of people distrust and lack in. The citizens in a community are the ones that get impacted from the actions of accused in the first hand which is why they need to be accurately shown in the jury.
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.
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).