Question 1: Describe the issue of jury competence. How can jurors be helped to understand their instructions? What reforms to the jury system has psychologists suggested?
Some critics question whether juries tend to be overly focused on extralegal information that, in theory, is irrelevant to the guilt decision in criminal cases and to the liability judgment in civil cases. Others have asked whether they are able to understand and apply their instructions in the court room. Lastly, it has been asked whether jurors are able to understand complicated issues that could arise in complex cases.
In reaching their verdicts, jurors work to make decisions that are based on evidence that has been presented. Jurors tend to use the evidence deem relevant
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These instructions explain the jury’s role, inform the jury about the legal rules that govern the case that it is to decide, define the standard and burden of proof, and define the possible alternative verdicts available to the jury. Typical instructions focus on stating the law precisely rather than on comprehensibility. It usually contains many legal terms, lengthy and complex sentences, and is usually difficult to understand for the average person. Research has validated that while jurors do well at understanding and remembering evidence presented at trial, they often have difficulty in understanding, remembering, and applying these to the legal instructions and rules. For example, jurors have particular difficulty in understanding the “beyond a reasonable doubt” standard in criminal cases, the “negligence” standard in civil cases, and legal terms such as “aggravation” and “mitigation” in capital punishment instructions. Typically, instructions on limiting the use of evidence or indicating that certain evidence is to be ignored is poorly …show more content…
In a study it was shown that Black jurors rated White defendants as more aggressive, violent, and guilty than black defendants, and White jurors were harsher on Black defendants than on White defendants, but only when the crime was not racially charged (Sommers & Ellsworth, 2000). However, if the case was racially charged, the defendant’s race did not influence White jurors. This phenomenon is known as aversive racism in which most White jurors are motivated to avoid showing racial bias and when cued about racial consideration they tend to make color-blind decisions. But without those explicit reminders to be objective, subtle racial biases influence their decisions. Extralegal information affects verdicts particularly when they must rely on their assumptions and biases. According to the liberation hypothesis when evidence clearly favors one side or the other, juries will decide the case in favor of the side with the stronger evidence. However, when the evidence is ambiguous jurors are “liberated” and allowed to rely on their assumptions, sentiments, and biases. Another way extralegal information may influence the jury is when the evidence is contradictory or confusing and juror might rely on an experientially based
The American Jury system has been around for quite some time. It was the original idea that the framers of the constitution had wanted to have implemented as a means of trying people for their illegal acts, or for civil disputes. The jury system has stood the test of time as being very effective and useful for the justice system. Now it has come into question as to if the jury system is still the best method for trials. In the justice system there are two forms of trials, one being the standard jury trial, where 12 random members of society come together to decide the outcome of something. The other option would be to have a bench trial. In a bench trial, the judge is the only one deciding the fate of the accused. While both methods are viable
Jurors will thoroughly inspect and weigh over the evidence provided, and process any and all possible scenarios through the elements of crime. If the evidence does not support the prosecutor 's argument and the elements of the crime beyond a reasonable doubt, the jury must pronounce the defendant not guilty. If questionable or irrelevant evidence is included in the criminal proceeding, it is the duty of the prosecutor or defendant 's counsel to object and insist that the evidence be excluded by the presiding
This chapter is mainly devoted to the jury selection process and how it is taken care
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court.
As one of the seven jury deliberations documented and recorded in the ABC News television series In the Jury Room the discussions of the jurors were able to be seen throughout the United States. A transcript was also created by ABC News for the public as well. The emotions and interactions of the jurors were now capable of being portrayed to anyone interested in the interworkings of jury deliberations. The first task,...
In conclusion, we have seen that the race of the victim and the emotionality of the victim impact statements highly affects the jury’s empathy and therefore might influence their decision making. Understanding the interaction between the racial in-group/out-group and empathy may allow defense attorneys to lead jurors for harsher punishments for out-group racial groups and more lenient punishments for in-groups by playing on juror empathy and thus putting emotions before law and reason. Consequently, in any capital punishment case, race of the victim and race of the jury, could be the difference between life and death for a defendant and therefore needs to be studied further.
The questions should be shaped around the individual’s views and also his or her ability to think analytically. Nevertheless, without these important questions, an individual may not qualify for the job. For example, Juror #10, the Garage Owner was an individual who was prejudiced against the defendant. Juror #10 was quick to agree that the defendant is guilty because of his personal view on the defendant’s color and where he lives. By, incorporating critical thinking questions, this may assist to find individuals who do not let their own personal views cloud their judgement and their decision
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
Today juries are much more diverse. Men, women, and people from diverse backgrounds are called to jury duty. Although the origin of the jury system is not clear, history has shown that William the Conqueror from Normandy introduced a similar system to England around 1066 CE (Judiciary of Vermont 1). After the American Revolutionary War, the jury system became the American ideal of justice. This essay will explore the history of the American jury system and illustrate how it has evolved over the course of the American history.
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
Otto, A. L., Penrod, S. D., & Dexter, H. R. (1994). The Biasing Impact Of Pretrial Publicity On Juror Judgments. Law and Human Behavior, 18(4), 453-469.
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
The book Acquittal by Richard Gabriel states, “juries are the best judges in the system. They are not elected, they don't have the high-powered microscope of appellate review or the stern, disapproving-schoolmarm precedent looking over their shoulder, and they have no interest in the outcome of the case.” For this reason, we can come to the conclusion that the use of juries in a trial is the best for all involved in the legal system. While juries, “are the best judges in the system”, lawyers, jury consultants, and jury scientists are the reasons they are viewed this way. It is their job to make sure that not only their client, but everyone has a fair and unbiased trial.Making sure that “the best judges in the system” are fair and unbiased takes a lot of planning, research, and effort. You must research the jurors, understand how they think, what their morals are, and how they would view this case. “It is a constructed reality, cobbled together by shifting memories of witnesses, attorney arguments, legal instructions, personal experiences, and beliefs of jurors.”(Gabriel
The quietness and patience juror 8 displayed caused tension amongst the other jurors creating careful and adequate (Flouri & Fitsakis, 2007, p.453) deliberations. Juror 8 's circle of influence (Covey, 2013) directly influenced the other jurors’ circle of concern (Covey, 2013) when forcing them to question their thought process. Juror 8 chose a collaborative negotiation (Budjac Corvette, 2007, p. 63) method when deliberating with the other jurors immediately handing down guilty verdicts for the defendant. Furthermore, juror 8 used his ACES to help the other jurors cross the creek (Budjac Corvette, 2007, p.