The jury system originated in England hundreds of years ago. The colonists brought the jury system from England to the United States. In 1733, John Zenger, a printer, printed a newspaper critical for the British Government. His attorney convinced the jury to be in favor for Zenger because his criticisms were true. After this trial, it gave ordinary citizens the freedom of speech and the power to go against the king. 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 …show more content…
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. A judge must meet many requirements before he/she is able to judge in court. A judge must have a law degree, a Juris Doctorate, and a numerous amount of other tests and jobs before he/she becomes a judge. Comparing the requirements of a juror and judge, a judge is more qualified to make a fair
1.Intro The jury system for Australia is not a fair system. There are many fault with the structure of how it is decided and how is picked. The jury should be 100% fair and not biased in any way, if this is not the case a criminal or civil offences could be charged for the wrong thing. Some reasons why the jury system is not a fair system is because Ordinary people may not understand complex legal technicalities, some people are exempt from serving, the jury is not a true cross-section of society and also It is difficult for people to remain completely impartial, especially if they are influenced by the media coverage of the trial.
1.0 Introduction Section 80 guarantees the right to trial by jury. The Queensland Jury Act 1995 provides the current legislation which decrees that all trials on indictment must be by jury. In the ninety years since this legislation was passed, an increase of trial complexity has occurred, leaving many jurors with the inability to comprehend the information and evidence procured in a trial. This proceeds to make lay juries ineffective and unreliable. To remedy the situation, specialised juries should be introduced to minimize the amount of incorrect verdicts, misunderstandings in court, jury misconduct, and avoidance of jury duty.
Critics try to counter by saying that jury nullification is a bad method because juries are not experienced and trained as police and prosecutor are. The thing is though juries are useful exactly because they are not trained to know the law. They are a common sense point of view because they are not affected by restricting law. Such a common sense point of view is necessary to properly balance the rule of law with the fair application of justice—because a purely legal approach made by lawyers and judges can often result in harsh results. That is why it is important to have another party whose views can be different from judges and lawyers to have the power to counter the wrongness made by them.
There are many criticisms surrounding, the jury system currently in use in our Australian legal system, these criticisms have recently been brought into the light over the past few years with many cases, such as the Casey Anthony case where a mother was acquitted of murdering her daughter as the jury stated, after less than 11 hours of deliberation, ‘there was not enough evidence’ when the forensic evidence was clearly stacked against her. This lack of competence by the jurors is a criticism that Lord Denning argued about in What Next in the Law? (1982) he debates that the selection of jurors is far too wide, resulting in jurors that are not competent to perform their task. Lord Denning suggested that the jury party should be selected in much the same process as magistrates are, with interviews and references required, although this initiative has several obvious problems, a more complicated selection process would be much more time-consuming and costly to the Australian tax payer; finding sufficient people willing to take part would prove incredibly difficult and a jury that is intelligent and educated can still be biased, and may be more likely to be so if drawn from a narrow social group. For a trial by jury case to be effective, no bias should exist in the jurors judgments, the jurors should understand clearly their role and key legal terms, and the jury system should represent the community as a whole and its standards and views whilst upholding the rights of the accused and society and remain cost and time effective.
The jury system has cases where jurors are influenced by the media because it is almost impossible to find someone who has not heard about the case and formed a personal opinion already (Doc F). In widely known cases, jurors may have been influenced by outsiders and the media indirectly and directly. For example, in the People vs. O.J. Simpson case, the infamous decision might have been made because of the jurors discussing the case with people who they are not suppose to discuss it with. An argument can be made that jurors are specifically instructed not to discuss the case or read anything about it, but there is no way to verify that the jurors are actually following this rule. Jurors can also have personal bias because they are very different from the defendant or prosecution (Doc E).
THE EFFECTIVENESS OF AMERICA'S JURY SYSTEM Eighteen out of one-hundred people are summoned for jury duty each year. Each jury member a normal person whose decisions are influenced by the world’s culture and affected by their busy schedules. Therefore, Americas jury systems are no longer effective in the twenty-first century, as a result of outside opinions, beliefs, and events taking place in our world. First, jury members in today's society don't have time to recall for jury duty. In fact, jury duty is often dreaded or avoided among Americans.
The jury system continued to evolve over a period of time and eventually the United States Constitution was written to govern the jury system. The Sixth and Seventh Amendments stated that we should have 12 members and the cases were to be resolved upon a unanimous verdict (Landsman & Holderman2010). In the 1970’s the court approved juries of 12 or fewer and a non-unanimous verdict in civil cases in federal court cases. Since the evolution of the judicial system it has become easier to get jurors to come to court to do their civil duty. A list is compiled of selected jurors from voter registration and driver’s license information from the state (United States Courts, n.d.).
Trial by Jury Everyone has the right to a trial by jury is a practice that the United States adapted from England common law. The United States Constitution guarantees the right to trial by jury for most criminal and many civil offenses.
They must decide whether an accused or defendant individual is guilty or not guilty of any charged crimes. While they examine all the evidence at trial and decide the defendant’s fate, the jurors must remain impartial and free of bias. Since having an impartial jury is crucial to having a fair trial, a defendant has the right to have a jury pool that’s composed of a fair cross-section of the community. A jury pool is a collection of potential jurors assembled together for jury duty. A jury for a criminal trial is chosen from the jury pool.
Jury nullification should not be seen as a big part of the court system and their powers to indict an accused should be limited. Granting the jury members the ultimate power to make a decision of guilty or innocent based on
The creation of the law began with the case of Jake Silverman. Silverman was on trial for 2nd degree murder, and most likely would have received the death penalty if convicted. 11 of the 12 jurors were for the conviction, but one juror held out, leading to Silverman only being charged with manslaughter and being sentenced to three years in prison. This lead to controversy throughout the state. The newspaper The Oregonian said in response to the case, “This newspaper's opinion is that the increased urbanization of American life ... and the vast immigration into America from southern and eastern Europe, of people untrained in the jury system, have combined to make the jury of twelve increasingly unwieldy and unsatisfactory.”
This is stated in Document C in the Jury System Mini-Q “Observers of the American jury system have remarked on its ability to elevate ordinary citizens into self-governors…” This is stating that the jury system is let alone remarkable that it is also a way that will increase the motives of people to present them to the government. On the Importance of the Jury System it states that “The Jury service is a duty of citizenship, similar to paying taxes and voting.” This is saying that people view this as an act of duty that just as paying taxes and voting people have to give back to their government and participate in the jury trial. Another quote from The Role of the Public is “Courts have a responsibility to perform at a higher level of respect to citizens serving as jurors and to improve every aspect of their jury systems.”
Compared to other countries, America is a land of freedom and endless rights. For example one of the rights are freedom of speech, why not express that feeling of power? It 's understandable that people do not want to serve on a jury, because of time not well spent in their opinions. As a
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).
Jury systems exist all around the world. Many have a long history, while others are just emerging. Juries of different countries examine trials and decide on many factors in a court case. They play a vital role in court and are the deciding factor about whether a victim is guilty or not. The role of a jury may be different depending on the country.