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Pros And Cons Of Horney's Trial

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As we discussed in class I came to the conclusion that Booth’s argument about blameworthiness is more persuasive. In Booth’s trial the defense argues that using a victim impact statement violates the 8th amendment. It is cruel and unusual to convict a defendant based off emotion, not reason. During trial the claim that the defendant did not and could not foresee the pain and suffering of the family therefore cannot use blameworthiness. In Payne’s trial they argued that blameworthiness is a factor because it caused actual harm to the family. Ironically that's all they argued, they didn’t bother to use the 8th amendment as a defense.

The benefits of being able to nullify a verdict as a jury is being able to provide a different socio-economic perspective. A judge works with crime everyday, most likely not living in the ghetto where some jurors may live. Juror’s with different perspectives of a crime can cause more linancy and sympathy towards a defendant. On the other hand, emotion and reason can be easily confused by a juror due to lack of knowledge. Not all jurors have knowledge on the law, therefore not …show more content…

In a trial the prosecution and defense can exercise this right a limited number of times. This can be used when a lawyer believes that a juror is biased or the juror is bothered by a question during voir dire (examination of witness). Challenge for cause is different because a unlimited amount of jurors can be excused by the consent of the judge. In these cases jurors feel as if they cannot continue because of personal bias due to personal relationships, and they voluntarily tell judges that. Although prosecutors cannot use peremptory challenges on the basis of race, they tend to use excuses like not sitting properly, and not being intelligent enough. These are reasons that goes unquestionable, but have been proven to be used in replacement of a racial

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Like the Electoral College, several of the plans made by the Founding Fathers have lost some of their practicality. What worked in the past does not always work in the future, and this is the case for the jury system. The sole reason it was created was to ensure that each citizen was guaranteed a fair trial, which was a main concern due to Britain’s monarchy. In modern times, however, the judicial branch of the United States could easily give every citizen a fair trial with only a judge presiding over the case. It is clear that bench trials are superior to trials by jury because the citizens on juries are unqualified or biased, its benefits do not outweigh its burdens, and its claim to encourage civic duty is false.

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In the cartoon “Jury” by Keith Robinson, many of the jurors aren’t paying attention, which is human nature. “I wonder if the defense attorney is single” (Doc E). In this example, the juror was more focused on getting a date then the actual case. Many people drift off, even the best, most educated people in the world, drift off at times. Although people are saying that a judge would be better at reaching a decision on the case, a judge is also human.

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896 Words | 4 Pages

Something to Fight For “This gentleman chose to stand alone against us” (Rose 240). Juror Eight and Antigone chose the path of the unpopular opinion in the two works Twelve Angry Men and Antigone. These two morally based individuals feel they have a civil duty to uphold to the person whom they are defending. The jurors of Twelve Angry Men are faced with deciding the fate of a teenager who supposedly shot his father. Antigone, Haemon, and Creon are to choose with whom their loyalty resides--the State or the gods.

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The jury may not be experienced enough and can make fatal mistakes. Not only are the jurors biased, they are inexperienced. As shown in cartoon 1, 2, and 3 (Document E), many of the jurors have no experiences with court and base their verdicts on factors other than what the lawyers are giving them. Examples such as the jurors being dogs, verdict based on appearance, and being distracted with other issues during the court trial. The juror is inexperienced and biased, while the judge is experienced with what is going around during a trial, and they have been trained to be able to see both sides of a story and decide on evidence and

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1343 Words | 6 Pages

Annotated Bibliography Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. New York: The New Press. Alexander opens up on the history of the criminal justice system, disciplinary crime policy and race in the U.S. detailing the ways in which crime policy and mass incarceration have worked together to continue the reduction and defeat of black Americans.

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842 Words | 4 Pages

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

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867 Words | 4 Pages

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

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While both end up voting the same way, their approaches throughout the majority of the film are vastly different. To start, the third juror is much more factual, stating in the film, “Okay let’s get the facts… and he ran to the door of his apartment and the boy!”(12 Angry Men) This immediately shows the viewer that Juror 3 will base the majority of his argument in fact. In contrast, Juror 8 feels that communicating with the other jurors and piecing together their views is a better way to solve the case. This is shown when Juror 8 says, “There were eleven votes guilty.

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William Jennings Bryan once said, “Never be afraid to stand with the minority when the minority is right, for the minority which is right will one day be the majority”. Standing up to the majority is vital, it gives individuals the opportunity to express their individual, unique opinions and experiences. It allows the majority to become open to diversity and the cultures that come along with it. This has been shown throughout history, Martin Luther King Jr’s “I Have a Dream” speech, is an instance of this. This speech encapsulated all that he was fighting for, for the African American minority in America and their rights.

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1458 Words | 6 Pages

This movie is the best example of minority influence where in the earlier stage only one juror no. 8 says defendant is not guilty but in the end of the movie we see that he is able to influence all the jurors in a very logical manner which I am going to point out later so that all the jurors lastly says the defendant is not guilty. Minority influence is more likely to occur if the point of view of the minority is consistent, flexible, and appealing to the majority. The juror no. 8 doesn’t know defendant is guilty or not guilty but he has only doubt in his mind which he trying to clear during the entire film and with which he also able to clear the views of other

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“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest”. - Elie Wiesel. The bias present due to race and because of that the injustice for Emmett Till. This trial is important because it wasn’t about the murder of Emmett Till, it was about the two sides of race between both parties when it shouldn’t have been like this. After Emmett Till wolf whistled at Roy Bryant’s wife Carolyn, Bryant and friends went to Moses Wright house.

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1207 Words | 5 Pages

Having a biased jury is just one way Twelve Angry Men shows the dangers of the jury system. Throughout the course of the play, many of the jurors assume, because

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801 Words | 4 Pages

Our life experiences make our present, our values, our way of behaving and thinking. Although no one is perfect, we are prone to develop prejudice against those who are totally different from us. For most of the time, prejudice only affects us personally. But if an individual is given a power to be responsible for another person’s live or death, prejudice can turn into a deadly weapon.

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1232 Words | 5 Pages

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 "

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1472 Words | 6 Pages

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).

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