The author is Seymour Wishman is a former criminal lawyer, having acted as both a prosecutor and a defense lawyer. In writing this book, he wishes to portray the American jury system, an unknown yet powerful factor of the great concept of checks and balances embedded into the United States legal system. However, on a more general note, the authors purpose is to ultimately describe how average people, called to duty as representatives of their communities, perceive others and the manipulations and the importance of such perception. Such a purpose is directed towards those who do not understand the full mechanics of the jury system, which would include a great number of Americans. It is ultimately a book written to educate and inform, while its audience lies within the average American. The book is organized into four parts, discussing the different stages of a trial jury. It is organized into a narrative, going from one point to another in the jury system and in the story. The first part, entitled Who Shall Judge Me?, covers the very beginnings of a jury-in-themaking, describing the random selection of possible jurors and how the jury system in criminal cases evolved to what it is today, specifically shown in the mention of Duncan v. Louisiana. This case ruled that the Sixth Amendments right to a jury was available for all criminal cases, setting the tone for the trial of Leander Rafshoon, the defendant in this case. The second section, Those Chosen to Judge, focuses on the voir dire aspect of the jury process, noting the different elements of choosing and excusing jurors to best fit a particular situation. For example, the use of scientific jury selection is widely argued, but its success has been shown in the Berrigan case. The t... ... middle of paper ... ...mptions, eventually becoming reason for potential jurors to be excused. These assumptions, although sometimes correct, displays the instinctual nature to discriminate based upon what we perceive and not what we know. Regardless of our several attempts to eradicate prejudices, they exist, and, at times, we use them to our advantage to get ahead in certain situations. In all honesty, I would recommend this book to others openly. Although the material may be dry at times, the book is thought-provoking and forces a second look at how we perceive others. It is much more than a book that studies the jury system; it is a book about human nature in a particular situation. It describes our reactions and our actions to first impressions, a type of discrimination we often overlook or disregard. In conclusion, it is the underlying lessons of the book that yield a recommendation.
Seymour Wishman does not point this book in the direction of any specific audience. He simply is trying to explain to those potential jurors and also the "ex-jurors" how the system of choosing a jury really works. Many do not know how the jury selection process takes place. Many people do not realize that the fate of a man or woman's life is in the hands of these twelve complete strangers. As for myself, I think that this book was not meant for a specific audience. I feel that all people should be educated in this specific matter of the jury selection process. Eventually, each person who has read this book or anyone who will read this book will have to serve on the jury one way or another. This book taught me a lot about the jury system that I did not know of. It helps that the author has had experience in this field and knows what he is talking about. If this book was not written by someone who has had experience I feel that it would be a little bit more difficult to relate.
Over 80 million Americans alive today have been called to jury duty at some point in their lives (Henley 5). Out of these 80 million individuals, roughly 30% (or 24 million) have been eliminated from the jury selection process due to the use of peremptory challenges (5). According to Black’s Law Dictionary, a peremptory challenge is a challenge that “need not be supported by any reason.” Although these challenges are commonplace in today’s courts, several Supreme Court cases have questioned the constitutionality of their place in the legal system. This paper will explore the history of peremptory challenges, theories behind them, a few pertinent cases, and reform progress.
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.
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
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
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’.
Juror #10, a garage owner, segregates and divides the world stereotypically into ‘us’ and ‘them.’ ‘Us’ being people living around the rich or middle-class areas, and ‘them’ being people of a different race, or possessing a contrasting skin color, born and raised in the slums (poorer parts of town). It is because of this that he has a bias against the young man on trial, for the young man was born in the slums and was victim to domestic violence since the age of 5. Also, the boy is of a Hispanic descent and is of a different race than this juror, making him fall under the juror’s discriminatory description of a criminal. This is proven on when juror #10 rants: “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… most of them, it’s like they have no feelings (59).
A part of the society will judge criminals who commit crime and they will ultimately decide the fate of the individual. Fair and equal trials will be given. Every person on the jury will vote on the person’s fate. No individual will have authoritative say on the judgement of the person. These jurors will be replaced on every hearing. It is everyone's civic duty to take part in these adminstration of justice. Failure to show up with the intent of being part of the jury after five times will result in a predetermined
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.
From conception in the Magna Carta 1215, juries have become a sacred constitutional right in the UK’s justice system, with the independence of the jury from the judge established in the R v. Bushel’s case 1670. Although viewed by some as a bothersome and an unwelcomed duty, by others it is perceived to be a prized and inalienable right, and as Lord Devlin comments ‘ trial by jury is more than an instrument of justice and more than one wheel of the constitution : it is the lamp that shows freedom lives.’ It is arguable that juries bring a ‘unique legitimacy’ to the judicial process, but recently it seems that their abolition may be the next step forward for the UK in modernising and making the judicial system more effective. Many argue that jurors lack the expertise and knowledge to make informed verdicts, along with views that external forces are now influencing juries more heavily, especially after the emergence of the internet and the heavy presence it now has on our lives. Yet, corruption within the jury system is also internal, in that professionals and academics may ‘steamroll’ others during deliberations about the case. These factors, coupled with the exorbitant costs that come along with jury trials creates a solid case for the abolition of juries. On the other hand though, the jury system carries many loyal supporters who fear its abolition may be detrimental to society. Academics and professionals such as John Morris QC state that; 'it may well not be the perfect machine, but it is a system that has stood the test of time.’ Juries ensure fair-practice within the courtroom, and although controversial, they have the power to rule on moral and social grounds, rather than just legal pre...
... In a speech to the House of Lords in 1844 Lord Denman remarked: 'Trial by jury itself, instead of being a security to persons who are accused, will. be a delusion, a mockery and a snare. The question of juror competence remains a recurrent feature in both the research and policy. literature (Horowitz et al., 1996; Penrod & Heuer, 1997). Indeed, in the. 1998 the Home Office invited commentary on whether an alternative to the traditional jury system was appropriate for cases of serious fraud.
Yet, the justice system is inevitably susceptible to a flaw, as personal prejudices slip through the initial screening and become apparent in the jury room. In Reginald Rose’s Twelve Angry Men the jury systems imperfections are addressed. He demonstrates the atmosphere of the jury room by introducing twelve characters with unique personalities. A particular character I believe to stand out from the rest would be juror ten. Upon first glance, he comes across as a bigot, but as the play continues he exhibits he is also impatient, arrogant, cantankerous and several other traits.
The movie “12 Angry Men” examines the dynamics at play in a United States jury room in the 1950’s. It revolves around the opinions and mindsets of twelve diverse characters that are tasked with pronouncing the guilt or innocence of a young man accused of patricide. The extraordinary element is that their finding will determine his life or death. This play was made into a movie in 1957, produced by Henry Fonda who played the lead role, Juror #8, and Reginald Rose who wrote the original screenplay. This essay will explore some of the critical thinking elements found within the context of this movie, and will show that rational reason and logic when used effectively can overcome the mostly ineffective rush to judgment that can be prevalent in a population. The juror that seemed interesting is Juror #8, who was played by Henry Fonda. Juror #8, or Davis, is an architect, the first dissenter and protagonist in the film. He was the first one to declare that the young man was innocent and he managed to convince the other jurors to see his point of view. Durkheim states that when we respond to deviance, it brings people together (Macionis, 2013, p. 159). We affirm the moral ties that bind us together, which was seen in the movie. At first, almost all of the jurors were so bent on convicting the young man based on their feelings, but they then started to analyze the facts and they came together to make their final decision.