Our jury system stretches all the way back in England hundreds of years ago. Whenever a crime was committed in a community, a judge and his or her jury would come together to put the accused on trial. The judge served more as the legal expert over the trial. However, the jury was made up of twelve men who lived in the area that the crime was committed. These ordinary citizens were the ones that decided the verdict of the case. Some may argue that this is an old age idea that doesn’t work with today’s society. However, the jury system is still very effective today. As soon as you receive your driver’s license you are in the drawing to be on a jury. There is a pool of people selected to come participate on the jury, but slowly they are cut down …show more content…
During a Bench Trial, the judge decides what the verdict is and his or her opinion is the only one that matters. However, a Jury Trial uses the opinion of twelve ordinary citizens. Just based on the fact that more people are deciding the verdict makes it more just. One person, the judge, may overlook a small detail. Consequently, the case could have a totally different result if that detail was not overlooked. In 2010 there were 2,352 Jury Trials and 394 Bench Trials. (Document A, 289) Furthermore, 2,066 of the accused during Jury trials were convicted, while as only 257 were found guilty during the Bench Trials. (Document A, 289) This leads some people to think that the Jury was filled with people who jumped to conclusions based on how the accused looked or had an emotional connection with the victim. I believe that the percentage of convicted compared to the acquitted is higher in Jury Trials because they had twelve sets of eyes going over the same case and were able to talk through it with each other. This allows them to make the most accurate decision that they could with the information …show more content…
Consequently, people feel like they are contributing to the country and also have a sense of self-government. “The role of jury service in promoting self-governance and civic participation is hardly an accident. The framers of the United States Constitution viewed Jury service as a critically important feature of self-governance and enshrined the right to serve on juries in the Seventh Amendment.” (Document C, 293) According to the source, titled Jury Service as an Invitation to Citizenship the jury system highly encourages civic participation, which benefits all citizens old enough to vote. “Observers of the American jury system have remarked on its ability to elevate ordinary citizens into self-governors.” (Document C, 293) Many people complain about the amount of government control that there is in America. This is one of the things that gives us a say in our government. This allows us to govern ourselves and work our hardest to choose the correct verdict for the case. “In theory, elections play a similar role in ensuring “the people’s ultimate control in the legislative and executive branches”…” (Document C, 293) Giving away our right to participate on a jury is like giving up our right to vote. Voting allows us to have a say in the executive and legislative branches, which is something highly valued by
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
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
Jury service in adversarial court systems is an important civic duty and responsibility. Jurors have to understand and weigh up evidence presented, assess the credibility of witnesses and decide on the likelihood of certain events having occurred in the light of their own personal experiences. There has been increasing interest in whether deaf sign language users should be permitted to serve as jurors. In the USA deaf people have been serving as jurors in criminal trials since 1979. Legal challenges in the UK and Ireland have established that deaf people have the capacity to make decisions as jurors, and can sufficiently comprehend courtroom discourse and jury deliberations through a sign language interpreter (Heffernan, 2010).
In Twelve Angry Men author, Reginald Rose, demonstrates the importance of not only serving on Jury Duty but a valuable life lesson for the jurors as well. Rose began the play with a description of twelve diverse men with twelve very unique personalities. Rose is trying to consult an illustration on why it’s important to see every piece of evidence by showing emotion through characters resolving them to argue and disagree. He is trying to show how even when you don't want to do something, put an extra 110% of your effort into it, the life of another, isn't something to joke around with. Jury duty is called upon and mandatory when you’re a U.S. citizen.
The Juries protect people’s rights and liberties through the teamwork with a judge. By working together in great effort they come down to one reasonable idea. Responsibility for justice mostly lies upon honesty and fairness of juries therefore people must rely on jurors for their own protection. Furthermore, a movie ‘’Twelve Angry Men” is great example of juror’s absolute honesty and sense of fairness in order to determine defendant committed a crime or not. The juries justify a defendant because of well clarified facts and the evidence of a murder that they find out by hard team working and their serious attitude toward a
There is a concept of “jury of peers” which came by from Great Britain’s Magna Carta, wherein, which guarantees that nobles accused of a crime must be tried by the nobles and commoners by the commoners for a just and fair trial. The US jury works on the principle of a fair balance maintained in the jury for administering objective justice and not a biased decision which was clear in the Simpson’s case wherein due to the racial disparity in the jury the bent was naturally towards acquitting him rather than analysing the case on the basis of the facts of the case. There is also a misconception that a jury trial must always comprise of twelve people which is not true for in the US it varies from state to state as the fairness of a trial is not dependent on the number of jury members but on the basis of law for if the law is flawed the justice delivered will also be flawed for certain. 6.4 INCONSISTENCY OF JURY
The Seventh Amendment guarantees that a persons accused of a crime can have a trial by jury .Getting rid of the jury system completely disown the Seventh Amendment also the Seventh Amendment protects us and or the persons getting accused of a crime from too much government power and control. So one reason that the government should keep the American jury system is because the Seventh Amendment guarantees trial by jury and keeps the government from gaining too much control. According to John Gastil and Phil Weiser “ the farmers of the united states constitution viewed jury service as a critically important feature of self-governance and enshrined (guaranteed) the right to serve on juries in the seventh amendment (Jury Service). This is just one of many reasons the jury system should still be a role in our nation 's criminal offence
Let’s start on the idea of a jury system. It’s really not a bad idea, but the implementation of the idea has become a mockery. With the much practiced vetting of jurors, the apathy of jurors, and the biased media coverage (in every way) that they are exposed to I don 't see the system working as planned. Strangely enough we have the capability for a fair and unbiased system base on zero but the black and white writing in law, I speculate what the system would have if our founding fathers had computers. I think would have been automated just to remove bias.
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.
But to Alder the jury system is in jeopardy and in need to be fixed and reformed in order for it to continue to look like the ideal. Even though Alder holds the idea of nullification in such high regard he sees that in practice it produces bad and “patently stupid--verdicts that frequently resulted.” The jury system has fallen from its glory. In Alder’s eyes the biggest problem the jury system has is not the jury itself but the process of jury selection and the best way to reform the process is by eliminate peremptory challenges altogether.
This opinion was widely shared, and a year later an amendment was passed to allow for jury convictions by a 10-2 vote. The facts of this case show that the intent of the law is consistent with conflict theory, as it developed from the upper classes desire to minimize the power of the lower
The jury system has existed for almost 1000 years dating back to the Norman Conquest of 1066. The first jurors acted as witnesses and gave an account of their knowledge and information about cases, however this has evolved and jurors are now the deciders of facts in both civil and criminal cases. In the UK, the jury consists of 12 members of the public, however in other countries this may differ. Statistics show that less than 1% of criminal cases are tried by juries, while 95% of criminal cases are dealt by the magistrates’ courts. Serving on jury is compulsory for those who are qualified and meet the criteria for the jury service.
All people need to be good citizens so that there can be peace in our societies. Notably, jury duty is one of the most effective ways of ensuring that justice prevails in the entire community. Therefore, students should not avoid jury duty as it will show some character of a bad citizenship. Avoiding jury duty is not ethical and it should be discouraged by all means. It should be in everyone’s interest to get justice for every member in the society.
Evaluate the effectiveness of the law reform process in leading to a more just society. The process of law reform is to decide whether laws work well and is fair to everyone. If not, they will hold and inquiry to look at how they can make it fair and just. To do this they shall conduct research and talk to stakeholders which could be anyone from judges to people who are affected such as yourselves, once they have found everything they can, they shall write a report to conclude on whether they should change the law or not.
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,