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Pros And Cons Of Trial By Jury

594 Words3 Pages

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…” This is the first right given to the accused as laid out by the Sixth Amendment of the Constitution of the United States of America, a trial by jury. A right further protected by the Seventh Amendment and a right that has become increasingly controversial as American citizens and scholars have questioned its effectiveness and have offered what they believe to be better alternatives. Questions have also been asked as to whether the American people take this responsibility seriously as a 2007 National Center for State Courts survey showed that, on average, only 40% of citizens …show more content…

If an attorney finds a reason that he or she believes is reason enough to dismiss a juror then the judge may dismiss them for cause. However, the attorneys also have the ability of peremptory challenge which gives them the power of dismissing a juror without having to give a reason as to why (Sethi, Meera, DiLascio, and Tracey). The peremptory challenge is at the center of debate over juries and their efficiency today, as many people believe that it gives the attorneys the power of trying to craft a jury that will get them the best result, instead of a proper jury that they believe is most fit to oversee the case justly. This claim is disputed by some who point out that the jury has to be approved by both sides and the judge, meaning that if peremptory challenge was used then whoever replaced the previous possible juror’s place had been found suitable. This could in fact be evidence for the use of peremptory challenge as it showcases that it created a better jury that all parties agreed on (Whittaker, Anne, Newton, and

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