A jury should not be reinstated in South Africa
The South African legal system has developed thoroughly over time. It has undergone different changes which represent the character of its legal system. A large part of its change is signified in the jury system. The jury system in South Africa was abolished in 1969 by the Abolition of Juries Act 34. The decline of juries in South Africa was a result of fears of racial issues within jury members which would give South Africa more complex race relations, the “widespread exemptions leaving few competent jury candidates” ,“the widespread discrepancies in education between various South Africans” As a result of the reasons mentioned above and many others which will be mentioned in the essay a jury
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A jury system could potentially be able to fix the South African law system by addressing the illegitimacy of courts however reinstating a jury system would not eliminate the problems but rather create bigger ones.
A jury system dates back to 5th century Before
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The system is said to not work because judges who make judgements are given thorough training and are taught to give judgements based on facts that are given. The South African legal system also contains faults in making thorough investigations. There are faults in the manner in which forensics make their investigations, leaving out important evidence which could have an impact on the case at hand. As a result of this the source mentions the fact that the judges are trained to make judgements on evidence given even if investigations have not been made thoroughly. Therefore a jury system would not work in relation to this because there would be twelve other people gathering up their opinions and make judgements based on other factors rather than the facts or evidence at
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
Is the American Jury System still a Good Idea? In the American Judicial System today, there is a choice between trial by jury or bench trial. Trial by jury is used today by selecting jurors from pools of people who are eligible, adult American citizens. Trial by jury is often controversial because of how the jurors are not professionals whereas in a bench trial, a judge is highly educated in law (Doc B).
Every American citizen should serve on a jury because it allows new ideas into the verdict and it is fair to all Americans. In Twelve Angry Men by Reginald Rose, Juror 11 says, “I have always thought a man was entitled to have unpopular opinion in this country. This is the reason why I came here. I wanted the right to disagree” (28). To allow all American citizens to serve on a jury, it would allow different views and ideas from other countries to be heard.
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.
“Other arguments against majority verdicts include that they compromise the criminal standard of proof of "beyond a reasonable doubt", given that at least one juror has a doubt; create a greater risk of convicting the innocent, leading to miscarriages of justice; and reduce public confidence in jury verdicts” (SMH 2005). However, a number of positives that occur after and during the trial largely outweigh the few issues that arise. There are far less hung juries. More than 80 cases resulted in hung juries during 2005. Majority verdicts as opposed to unanimous verdicts to better keep the integrity of the trial by helping prevent juror bribery or intimidation; it may also help stop rogue or stealth jurors (LY Lawyers 2017).
The United States justice system is a complicated system. The justice system is the third branch of the government. This branch holds the responsibility to create and up hold laws. The justice system has a precise order of how things fall into place when a crime has been committed. The process to arrest an individual to the sentencing of that individual takes a bountiful amount of steps and procedures.
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
The justice system has always been the heart of America. But like this country, it has many faults. Prejudice has played a major role in the shaping of this system. In the 1930’s the way a courtroom was set up was completely different from how it looks to day. In the book To Kill A MockingBird, Harper Lee shows just how different it is.
The American jury system has been around for centuries but all of a sudden, people are trying to change it. Hundreds of years ago in England, the first of the jury systems were adopted. When there was a crime, the accused was brought before a judge and jury (B.E.). The jury, a group of twelve white men, from the area the crime was committed, heard the case and all of the evidence (B.E.). Those 12 men, decided whether or not the person being accused was guilty or not.
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?
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]
Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.
This essay will look at the effects of a jury being abolished and a jury trial existing. There are certain requirements expected from jurors. These include: being aged 18 to 70 years of age, being registered on the electoral roll that they are randomly chosen on by a computer, and the individual has lived in the UK, Channel Islands or Isle of Man for 5 years after the age of 13. This allows the justice process to be fair and equal as all ethnicities have the opportunity of being randomly chosen allowing a bias free justice process.
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.
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,