While bench trials has its benefits, trial by jury is the fairest way to decide criminal case considering the diversity and variety of juror, the increase chance of finding the truth, as well as the fact that jurors are generally more caring. It is worth thinking about which you would prefer if you or a family member was the one on
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
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.
Feb. 09, 2018 Should the American jury system still exist? You 're accused of a crime you know you didn 't commit, how would you feel if when you went to court you didn 't get to have a jury to have a better chance of the verdict siding with you, and not get accused of a crime. The judge immediately decides your guilty and you 're put on probation , faced with charges you don 't have the money to pay ,or even get sent to jail. “ The jury system arose in England hundreds of years ago. If there was a crime committed in the community, the accused was brought to a jury.
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.
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).
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
No. 8: I think that the jury system we have today has its own advantages and disadvantages. For example, a jury that consists of jurors who are biased could be manipulated by ‘outsiders’ through bribery or some jurors, as we have discussed before, might have some personal prejudices/beliefs that may affect their decision making. But there are some advantages as well because the decision that is made by the jury is thought out very carefully by a group of people. Interviewer: [gathers all his papers]
But in majority of the cases jurors are older. When the juror is younger they were more likely to find a defendant not guilty compared to the older juror. The evidence that would be compelling to me as a juror is when a small child is involved. There are so many cases now that shows how people are abusing the children and even killing them. While they are in a fit of rage.
In "twelve angry men," we can see how prejudice has its own way with the cloak of justice. Personal prejudice is most strongly evident in the characters of Juror #3 and Juror #10. At the beginning of story, Juror #3 immediately claimed that the case was simple and the defendant’s guilt was obvious. Although he was not a new juror and ought to be experienced
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 "
As the ideals of jurors being high and trustworthy are not always upheld due to the occasional bad juror, majority verdicts are a better technique of ensuring fair and just
Part of jury duty is playing the role of an active detective looking for facts, so to speak.
A group of juror comprising of 12 men from diverse backgrounds began their early deliberations with 11 of ‘guilty’ and 1 of ‘not guilty’ verdicts. Juror 8 portrayed himself as a charismatic and high self-confident architect. Initially, Juror 1 who played the foreman positioned himself as self-appointed leader of the team in which has led his authority to be challenged as his leadership style lacked in drive and weak. In the contrary, Juror 8 is seen as the emergent leader considering his openness to probing conversations while remaining calm. Implying this openness to the present, it has become crucial that a good decision relies on knowledge, experience, thorough analysis and most importantly critical thinking.