A grand jury is composed of twelve people, to determine if there is enough evidence to send an accused individual to trial. Although they may not determine if the accused individual is guilty or not, they can issue a formal document saying there is enough evidence for the prosecutor to take the accused to trial also known as an indictment. According to, Texas Politics Today, “a grand jury may return indictments simply because the district attorney asks them to.” Which in the end is not fair, because the jury may believe that there is not enough sufficient evidence, but because they feel pressured they issue an indictment. In theory, grand juries sound like they are for the common good, but in reality they return ninety- five percent of cases, that have been brought to them. There was previous history to why grand juries are used in american politics today, not only for Texas government. According to, Columbia Law Review, it originated during the reign of Edward III. The term, le Grande Inquest, means that the best gentleman on the county, sit on a jury to determine if the criminal is guilty or not guilty. …show more content…
The grand jury is chosen by random computer selection based on the area that they live in. Depending where an individual may live this will determine whether or not the accused may have a fair child. The grand jury member may believe that since the accused individual is being accused for a crime the may or may not commit, just because it goes against their values they can decide they for indictment. If majority of the members have this same mindset, most likely there will be an indictment; which in turn could not be fair. The reason being why this is not fair because the accused individual, if put through a trial could be chosen as not guilty, but because the entire jury believed that there is indictment needed, then they are is no way that they would end up winning the
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However, a defendant might accept a plea bargain from the prosecution before trial, because the evidence against them is overwhelming. If that is not the case, the prosecution will have to prove their case to a jury beyond reasonable doubt that the defendant committed a crime, and the defendant should have to serve jail or prison time for their punishment as a result of their crime. In conclusion, many people believe the Texas Judicial Branch needs refurbishing for the 21st century.
By fair Jury, the trial must take place in the county the crime took place. The accused have to know what they 're being charged with, why they 're in jail, who said they did it, and ask them questions. Put cues can force anyone to come to their trial and the cutest also has the right to a lawyer and if they can 't afford one they will
What is “pleading the fifth?” The Fifth Amendment encompasses most of the protections against the United States government’s abuse of power. Many people do not realize that the Fifth Amendment is more than what is shown on television. The five main clauses of the Fifth Amendment provide many rights to citizens who have been accused of crimes. In 1789, James Madison wrote the Fifth Amendment along with nine other amendments, which would become the Bill of Rights (Thomson).
A man sits upon the stand as he hopes for the jury to plead him not guilty. The American Jury System has been in the United States Judicial Branch for over 385 years. The basis of a bench trial is that there is only a Judge that decides whether the accused is guilty or not guilty. Whereas on a jury trial the fate of the accused is proposed to the jury and they would decide whether he is guilty or not guilty. The jury trials provide fairness, it represents citizenship, and there is less of a bias than that of a bench trial.
The judges and governors that are elected by the Texans, however, should be monitored more frequently because of prior incidents. The fact and the matter is that most state and federal judges have spent more time behind bars and in trouble with the law than they spend time working since the show 60 minutes addressed their opinions about the Criminal Justice System in Texas (“The Mess in Texas: State and Federal Judges Accused of Everything from Arson to Corruption to Sexual
Lily Craymer November 8, 2017 Texas Politics County Court Judges vs Supreme Court Judges In Texas, County Court judges and Supreme Court judges both have the title of “judge” in their names, but what does that really mean? If someone introduces themselves with the title of a judge, it doesn’t give any specifics on what their public responsibilities are. Both positions have different levels of power, but are equally important. In order to reform Texas laws, one must know how it functions.
The clear distinction between a jury and a judge is among the key specifications of the seventh amendment. This distinction in the law is termed as functions. According to the amendment, the judge is designated to try the law whereas the jury can try according to facts. This distinguishing between the law and fact is important as it gives the legitimacy to the decree of juries. At the same time, the amendment prevents from violation of the justified legal anticipations of 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
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.
Twelve Angry Men is in many ways a love letter to the American legal justice system. We find here eleven men, swayed to conclusions by prejudices, past experience, and short-sightedness, challenged by one man who holds himself and his peers to a higher standard of justice, demanding that this marginalized member of society be given his due process. We see the jurors struggle between the two, seemingly conflicting, purposes of a jury, to punish the guilty and to protect the innocent. It proves, however, that the logic of the American trial-by-jury system does work.
Jurors should not know anything about a specific case and not follow public affairs and read the news (Doc F). When a person is selected to be part of a jury, they have to say an oath stating that they will not use their emotions to determine the verdict of a trial. If a juror is caught using their emotions, they will be fined for a crime called perjury. Since there are twelve people in a jury, there is a variation of opinions when the jury decides a verdict. But, a judge is more professional and knows how to only use the evidence provided and be less biased.
What is the “Due Process?” The due process is a fair Treatment through the normal Judicial system, especially as a citizen’s entitlement It respect all legal rights that are balances the power of law of land and protects the individual person. What does it do?
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,