Essay The Case Of Bias And Arbitrariness

Essay The Case Of Bias And Arbitrariness

Length: 1350 words (3.9 double-spaced pages)

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Another area where jurors’ assumptions, unchallenged by instructions from the judge, could lead to arbitrariness concerns jurors’ beliefs about the consequences of their failure to simultaneously agree on a penalty. Why should jurors be purposely kept ignorant of information that, on occasion, could determine whether a defendant lives or dies? Human decisions are fallible; bias and impulsive, and in capital cases, those decisions can never be eliminated completely. While such fallibility is undesirable in determining the outcome of any trial, it would be reassuring to know that where the consequences are as irrevocable as death, tolerance for fallibility is low. The data suggest, however, that this is not the case. Bias and arbitrariness would still appear to be widespread in the capital trial, in part because the legal system assumes the jury is passive, and will not input arbitrariness into the court, ignoring the fact that jurors interpret their courtroom experience and give it meaning, and that meaning has the greatest effect, determining the life of a defendant. Inadequate instructions result in jurors incorrectly applying the criteria of unanimity and proof beyond reasonable doubt to mitigating factors, making it less likely that such factors will be found. Jurors who sentence the defendant to death appear to believe he or she will serve less time in prison than jurors who sentence the defendant to life.

Trial by Jury
Trial by jury is viewed by many as a basic element of the United States system of justice. The United States Constitution guarantees the right to a jury trial, in the Fifth, Sixth, and Seventh Amendments. Most Americans view the jury trial as an important safeguard in our justice system, and the depiction of...


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...ted States Supreme Court has tried to take out arbitrariness out or our courtrooms, but even thought shields of protections have been places arbitrariness always finds a way in.
We are constantly being judge even out side of a courtroom. Judgments are being pass to us thru social media, television, Internet, and by so many other channels daily. Its part of a human nature to judge others based only on what we belief is correct and what should be done in certain situations, but most of us are incapable of passing understanding how the other person feelings and situations.
In our court of law, we see arbitrariness since the beginning of a case to the end of the case, every person that partakes in the process of the court will bring in their our way or arbitrariness and in other for that to be taking out we will have to take out the human side of our justice system.

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