Jury Size A major topic of discussion, when it comes to the Criminal Justice system is the comparison between a six-person jury and a twelve-person jury. There has been substantial research, several cases, and numerous debates performed throughout the years on the benefits of each jury size. This research is constantly being tested and improved upon every year. Studies compare the effects of both the size of juries as well as the group dynamics of the jurors. It is crucial to look at the current case law regarding what circumstances allow only six jurors to satisfy the Sixth Amendment. The Constitution does not state a requirement for how many jurors are required to satisfy the Sixth Amendment, however over the years the number twelve has become widely accepted as the “proper” size (Roper, 1980). To look further in depth we identify the conditions for a six-person jury versus a twelve-person jury and if these conditions do in fact make sense and why. When it comes to the background of jury size there a few major cases that should be taken into consideration. The first case that addressed the issue of jury size was Thompson v. Utah in 1898 that held that a twelve-member jury was constitutionally required in federal crimes (Roper, 1980). In 1970, in the case of Williams v. Florida, the Supreme Court ruled that juries were not required to consist of twelve jurors (Hannaford, 2010). The verdict of this case launched a series of jury studies. Georgia, Louisiana, and Virginia subsequently enacted statutes reducing the size of some criminal court juries to five. In 1978, Ballew v. Georgia challenged this statute and ultimately ruled that juries of less than six people in criminal convictions stretched the sixth amendment be... ... middle of paper ... ...o reach a verdict. Although in the television series the jurors came to a 10-2 consensus it was clear as to how much deliberation was needed (2002). With so many studies and experiments that depict all types of conclusions, there is no definite answer to which side prefers which size jury. Throughout the years there have been many studies and experiments conducted to illustrate the strengths and weaknesses of the size of a jury. The majority of states allow for six person jurors in particular circumstances such as civil cases and criminal misdemeanors. There are a select few states that also allow this size jury for felonies. The results of numerous studies have shown no clear indication of which size jury is actually more beneficial. Important details to consider are the cost, the efficiency, group dynamics of the jurors, and the verdicts that jurors reach.
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
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.
First, when individuals are appointed for a jury, several individuals will do anything to not be selected for the trial. For instance, my father has conveyed he was indisposed or he could not afford to miss work. Moreover, most individuals do not perceive being a juror as an honor being as a citizen, instead they see it as a burden. A substantial influence on this position is the remuneration, because individuals are missing work to serve. On average, an individual who is selected to be a juror makes about 30 to 40 dollars a day, a fraction of when he or she is working. For this
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.
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
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
There are many issues with the jurors in a case having a preconceived opinion of a certain group of people or about the suspect or the crime itself. The people whose lives are at stake will, as a result, not receive a fair hearing. This is a serious obstacle in issuing the proper punishments or deciding whether a suspect is innocent or guilty in a case. In the most serious cases, someone could be unrightfully pegged as guilty or an extremely dangerous criminal could be released without any consequence, and the ability to repeat the exact same crime. The short play, 12 Angry Men, by Reginald Rose, was set in the late summer of 1954 and focuses on twelve jurors arguing whether a boy murdered his own father. At the start, the vote is 11-1, the
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.
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
So the first reading that convinced me having a jury system was a bad idea was document F. This was a passage from a book called Roughing It by Mark Twain. He talks about a murder that happened in Virginia and how a prominent banker and valued citizen was denied to be on the case because he knew about the case beforehand. This circulated in my head and did not make sense to me, the jury would rather be full of unvalued citizens who have no
juror including race and sex. Part of the reasoning behind the right to a jury
Mention the pros and cons of our jury system and possible alternatives of it. Also, identify the group dynamics of the jury members
Throughout history, a plethora of different classes of people, cultures, and races have undergone some form of prejudice. Partiality against women has occurred, and continues to occur, in America. Susan Glaspell, author of "A Jury of her Peers," depicts a story of a close-knit community in the process of solving the mystery of a man's death, thought to be caused by his wife. In the investigation of Mr. Wright’s death, the women helping to search through the Wright farm for clues pointing to evidence of Minnie Wright’s murder of her husband were thought of as useless, when in reality, the women were solely responsible for finding and understanding Mrs. Wright's motives for murdering her husband. Glaspell uses imagery and a woman's point of view to depict how a woman may feel bound by limits set by society--- a feeling most easily understood by women who share the same perception of life.