It would be unfair for the judges to be allowed to choose for example their friends or associates to be a member of the jury panel as this may lead to unfair trials and injustices. To avoid this from happening 12 people are selected out of the millions of people in the UK at random to be the jury for a trial. Jurors must be selected at random for a fair trial to take place. There is certain criterion which makes people eligible or ineligible to be a member of the jury. Potential jurors can be anyone who is 18 to 70, on the electoral register and has lived in the UK for 5 years is eligible since the age of 13.
Rather less than half of the appeals were completely successful. It is often said that lay magistrates tend to be prosecution-biased, believing the police too readily. There is a low acquittal rate in magistrates’ courts; for instance the CPS report 1994/5 showed that of 93,000 defendants who pleaded not guilty, only 22% were acquitted.
In those cases, the jury found 74% of the defendant guilty of the crimes that they were accused of. Following the report, the Devlin committee considered eye witness testimony and its reliability and concluded and advised that no longer should a jury convict based purely on eyewitness testimony alone. It is clear that something had to be done about the reliability of eyewitness testimony as there existed a complete paradox about this between judges and juries. Brown reported in 1974 that ‘Judges, defence attorneys and psychologists believe it to be just about the least trustworthy kind of evidence or guilt, whereas jurors have always found it more persuasive than any sort of evidence. Obviously that view may have changed now, the police now have much more sophisticated resources available to them when investigated crimes.
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.
But of the 48 remaining states these rights are either prohibited or authorized in at least 5 years succeeding to liberation. This disenfranchisement needs to be retracted due to fact that convicted felons; incarcerated or liberated, are U.S. citizens who are guaranteed constitutional rights that should allow them as citizens to have equal opportunity in political and social decisions. USA Today reports that thousands are falsely convicted each year some of their crimes ranging from petty larceny to serious offenses like murder. Those convicted are then deprived of their constitutional right to make decisions that could affect them during incarceration or after. There is a growing number of incarcerated felons who have been falsely convicted because of a minor offense who when released are prohibited from voting and sustaining certain rights as citizens.
The other five accomplices got the least sentences due to their lack of involvement in the Ponzi scheme. DiPascali was the courts gem in the Madoff case, at first, he
“Not guilty by reason of insanity” (NGRI) has often perplexed even the most stringent of legal and psychiatric professionals for centuries. Moreover, it has transcended into the pop culture, as a “loophole”for the criminal society. However, the insanity defense is only used in less than 1% of criminal cases, and used successfully in only 10-25% of those cases (Torry and Billick, 2010). In order to successfully be acquitted by reason of insanity, the legal team, paired with psychiatric professionals, must prove that the defendant is not legally responsible for the crime, despite the evidence that they executed the crime. They must also prove that the defendant, was or is currently suffering from a mental disorder, and that the defendant have/had a impaired logical control of their actions (Smith, 2011).
Foster was convicted of murder in 1987 but his jury was all white and handpicked by the prosecutors (de Vogue). Although the biases do have an impact on opinions of its necessity, it is just one of the many factors in it. Symbolic interaction theory does not describe the problems with execution because it would see it as a symbol set to make people not want to commit serious offenses. The state of North Carolina is a good example as why that is not true. North Carolina has not executed anyone since 2006 and since then murders in the state have declined ("Failure to Deter Crime
What the law permits, however, is not always used by the courts or the executive authorities. Most executions are a result of a murder or rape, and a small number for robbery, kidnapping, burglary, aggravated assault and espionage. In the US, the death penalty is currently authorized in one of five ways: hanging, which has been the traditional method of execution throughout the English-speaking world; electrocution, which was introduced by New York S... ... middle of paper ... ...ting crimes. A sweeping sixty percent don’t think that vengeance is a legitimate reason for killing a murderer. Many court decisions of the 1980s and early 1990s have lowered bars to executions.
There are 12 jurors and they need to have a majority vote. In order to be a juror, you have to be 18 to 70 years old, registered on the electoral roll, and live in the UK for at least five years since the age of 13. The jurors decide whether the defendant is guilty or not guilty. Grand juries are no longer in England. They were abolished in 1948.