Jury Duty
If you are the defendant, make no mistake that your so called jury of peers has made their decision within seconds of laying eyes on you, maybe not your final verdict, but the verdict they want to give you. Forget any technical information you might have heard. It is all simple human nature, as a species we are notorious for jumping to conclusions. Our skin color, clothing we wear, tattoos, piercings and hair styles all contribute. Look back to the fifties when a black man could not get a fair trial for his life. Today the same injustices occur but we will not be aware of them until years in the future when we look back upon unfounded stereotypes and prejudices. I am not saying that a verdict is passed on sight, but a person knows whether they want you to go free or go to jail.
Look at our jurors today. It is rare to see a doctor, scientist or philosopher on a jury because it is so easy to get out of jury duty. During one summer I was called on for jury duty, but I said I was a student and they let me off. I was not even taking summer classes. This is my hypothesis/stereotype: 75% of all jurors are there either because they want to be or because they are not smart enough to get out of it. This is important in determining when a jury makes its decision because operating on this theory allows one to determine with a higher percentage of certainty when these people make their decision.
Beyond the makeup of the jury and human nature itself come the actual facts of the case, which are much less significant than one might think after passing through the filters of human nature and the jury selection process, both, utterly flawed processes. Let us assume that the jury pool was actually a legitimate sample of our peers and humans did not make irrational decisions, when then has a jury made up its mind? Once again I say that it is impossible to tell. There are no averages because each case is a mutually exclusive event. There is no average point where the key facts are introduced because it is in the eyes of the jury.
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
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.
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.
In America, every individual has the right to a fair trial, but how fair is the trial? When an individual is on trial, his or her life is on the line, which is decided by twelve strangers. However, who is to say that these individuals take their role seriously and are going to think critically about the case? Unfortunately, there is no way to monitor the true intentions of these individuals and what they feel or believe. In the movie, Twelve Angry Men, out of the twelve jurors’ only one was willing to make a stance against the others, even though the evidence seemed plausible against the defendant. Nevertheless, the justice system is crucial; however, it is needs be reformed.
In the trial the jurors were asked to only consider the evidence presented to them, however individual biases do affect the decision making process. Juror no. 10 displayed strong socio-economic prejudice as he burst into a rage while referring to people from the slums. “Look you know how those people lie…they don’t know what the truth is…they don’t need any real big reason to kill someone either. You know, they get drunk, and bang, someone’s lying in the gutter. Nobody’s blaming them. That’s how they are. You know what I men? Violent!” (Act 3, pg. 27) Jurors 3 and 10 chose a ‘guilty’ verdict initially based on various assumptions that were linked to their preconceived prejudices, especially discriminating against the boy from the start of the trial because of his poverty-stricken background and dysfunctional upbringing. Rose implies that due to background evidence and the point that the accused boy grew up on the “wrong side of the tracks,” (which they assume is a “breeding ground for criminals”) they automatically accuse the boy of murder, based on their socio-economic prejudice. An examination of legal prejudice will show how prejudice affects
The courthouse was crowded, all seats were taken and many were standing in the back. It was silent, no one spoke, not even a baby cried out. There was the Judge sitting in the front of the room, the defendant, the solicitor, and the jury. I was a member of the jury that day. Everyone knew the truth, the defendant was innocent, and the evidence that was established was supportive and clear. The jury’s decision however, was not based on evidence, but on race. A jury is supposed to put their beliefs aside and make a decision based on the information given during the trial. Jury members must do their duty and do what is right. I tried to do what was right, but all the other members of the jury were blind. They chose to convict because of skin color than actual evidence from the case. I wanted to avoid this disease, but it is easily spread from one person to another. It made me angry that an innocent man was convicted for something he did not even do. He was convicted because of his skin color and nothing else. When the judge asked us to leave the courtroom to make a decision, we stayed o...
Shelton, Hon. Donald E., Gregg Barak, and Kim S. Young. “A Study of Juror Expectations and
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
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.
There is no way to measure how everyday people of the jury compartmentalize the information given to them. By disregarding information, does it work in favor of justice or does it highlight a forbidden topic. Using a jury trial and the disregarding of evidence played a key role in the OJ Simpson case that began in 1994 (Jasanoff: 714). Just after a year of his acquittal of the first case, he became the defendant of a civil suit placed by the relatives of the victims. When asking juries to disregard statements and evidence can change their decision-making abilities, especially if the evidence directly links the alleged criminal to the crime as it did arguably in OJ Simpson’s case. During this trial, the defense tried to highlight and find errors in the Los Angeles Police Department’s procedures for collective and transporting evidence (Jasanoff: 715). The evidence, which was once connected to the trial, was now inspected to establish both its validity and reliability. The outside influence of the evidence played a role in the decision, which included the credentials of the lab and their procedures. In sum, the jury’s roles in legal proceedings emphasize the influence of the everyday nature in the law. In these cases, the jury has much more control on the case rather than the law controlling their
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
During my visit to the Lafourche Parish District Attorney 's Office, I heard a copious amount of information that proved to be interesting, surprising, and some of it familiar to what I already knew or had learned in class. The first speaker, Joe Soignet, assistant district attorney, gave me a sense of what actually happens in a court case, specifically the process of selecting a jury. I had an idea of how picking a jury goes because of stories from friends and family who had been called for jury duty. I knew from them that as long as you answer with very strong opinions you can get out of jury duty. What I learned in class, however, is that picking a jury can take a long time, the right to a jury trial is guaranteed by the 17th Amendment and
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.
Though most court cases in the U.S. is settled by a bench trial, those who go to a trial by jury have a greater chance of being prejudice towards the defendant which tends to be highly unfavorable and most the time leads to a guilty verdict. An example of this would be the case of Foster v. The State
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’.