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Essay on the composition of the jury
Outline and critically evaluate the jury system
The role of juries in the crown court
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The Composition and Role of the Jury The jury has been a feature in criminal trials in England for hundreds of years. It is a civic duty that consists of 12 people aged 18 to 70 who are chosen at random from the electoral register (Before 1972 property qualifications were required in order to be eligible for the jury). Mentally Disordered or any person with a recent or serious conviction is disqualified from jury service along with anyone who has ever been sentenced for 5 years imprisonment or more and anyone who has completed a shorter sentence within the last ten years or community service within the last 5. Also anyone who has any connection with the victim, the defendant or any of the witnesses is unable to serve. If jurors don't attend they may face a possibility of punishment for contempt of court. Jurors can be granted excusal from jury service but only in exceptional cases for reasons such as ill health, examinations or specific domestic or business problems. Once the jury have been selected and sworn the jury's role is to act as judge of fact. In cases the jury must use their experiences of human nature and usually they must use experience of life rather than any legal knowledge to decide a verdict. In 1974 Lord Salmon estimated that about 2% of cases brought before the jury are wrongly acquitted and about 5% of the convictions in Birmingham were considered "doubtful" and even though there is always a risk of convicting an innocent this figure is considered unacceptably high. Appeals against convictions solely on evidence are very rarely successful. About one third of the jury's acquittals were questionable and were said to be mainly down to feeling sympathy for the defendant or a general mistrust of the police evidence. However although only 2% of cases brought before the jury are wrongly acquitted people still stand divided on how beneficial and fair the jury system is, and although the jury has been around for a long time, is it now time to replace it with an alternative?
The movie Runaway Jury starts with a shooting in a business office. The movie then continues to people receiving jury summons and people taking pictures of them. It goes on to show Rankin Fitch and the defense committing electronic surveillance during the jury selections. This movie shows how Fitch and the defense attempt to influence the jury to vote for the defense. The movie continuously shows a person by the name of “Marlee” who talks to Fitch and Rohr trying to persuade them to pay her in order for the jury to be “swayed” their way. “Marlee” is Nick Easter’s girlfriend. As the movie progresses, the viewer realizes that Nick was pretended to get avoid jury duty in order to secure a spot in the jury. The movie ends with the jury voting against the gun company and then Nick and “Marlee” blackmailing Fitch with a receipt for $15 million and they demand that he retire immediately. They inform him that the $15 million will benefit the shooting victims in the town of Gardner.
Seymour Wishman was a former defense lawyer and prosecutor, and the author of "Anatomy of a Jury," the novel "Nothing Personal" and a memoir "Confessions of a Criminal Lawyer." "Anatomy of a Jury" is Seymour Wishman's third book about the criminal justice system and those who participate in it. He is a known writer and very highly respected "person of the law." Many believe that the purpose of this book is to put you in the shoes of not only the defendant but into the shoes of the prosecutor, the judge, the defense lawyer and above all the jury. He did not want to prove a point to anyone or set out a specific message. He simply wanted to show and explain to his readers how the jury system really works. Instead of writing a book solely on the facts on how a jury system works, Wishman decides to include a story so it is easier and more interesting for his readers to follow along with.
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’.
The reason for these reactions is due to the fact that jurors are all influenced by different decision making abilities. These abilities can be shaped by varying emotional reactions to case information, jurors intelligence, their abilities to retain certain information, and of course their own personal and cultural views. As a result, jurors establish different perceptions and opinions despite all the jurors being given the same information. The procedure of applying a juror’s perception of certain views on life and how those views apply to the facts and information being presented to them in the case are the main forces behind each juror’s individual conclusions on the case. Jurors seem to rarely alter their opinions on how they feel about a certain case, but they may change their minds on how things should have been presented to them. This can be observed in the participation and comments of the jurors in this certain case.
The crowded courtroom was absolutely silent as the 12 all white and all men took their seats at the jury box. Chief Justice Albert Mason, one of the presiding judges in the murder case, asked Charles I. Richards, the foreman, to rise. Mr. Richards was asked to read the verdict. “Not guilty”, replied the foreman. Even though the circumstantial and physical evidence pointed to Lizzie Borden guilty of killing her step-mother and father, the all-male jury, men of some financial means, could not fathom that a woman who is well bred and a Sunday school teacher could possibly do such a heinous crime (Linder 7).
The jury system is essentially a descendant of Great Britain, the Greeks, Romans, and Egyptians. Colonialism played a significant role in the development of the jury system globally. However, despite colonial influence, judicial systems across the world have taken their own way. As a result, the jury system has developed and changed to suit the needs and social conscience of different countries. Across the world, juries examine and decide the facts in a jury trial, the accuracy of the testimony, the guilt or innocence of criminal defendants, and liabilities in a civil litigation. Today, many countries such as Britain, United States, Brazil, Canada, Japan, Australia, France, German, India, and so on practice jury trials. These countries will be the issue of discussion in this paper.
Trials by jury are adopted by most countries that use an adversarial legal system under the common law; that is when an impartial judge evaluates evidence gathered by two opposing parties independent of the juridical power as opposed to the civil law’s inquisitorial system where the court itself is involved in the investigation (Block, Parker, Vyborna & Dusek, 2000). The countries using the adversarial system, among which are the United Kingdom, Canada, Australia or USA, only use jury in high-profile criminal cases such as those involving murder, rape, manslaughter or false imprisonment (“When are juries used in criminal and civil cases?”). This makes up approximately 2% of all criminal trials (Lloyd-Bostock, as cited in Howitt, 2002) from
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.
Arguments For and Against Juries The right to a trial by jury is a tradition that goes right to the the heart of the British legal system. It is a right fiercely fought for. and fiercely defended at those times when its powers have been seen to be under threat as those backing reforms are finding. The tradition of being "tried by a jury of one's peers" probably has its origins in Anglo Saxon custom, which dictated that an accused man could be acquitted if enough people came forward to swear his innocence.
Our current trial by jury system was originally adopted from Anglo-Saxon English common law. Prior to juries, the United States had much more rudimentary methods that were in affect, such as bench trials. A bench trial consists of solely the judge determining the final verdict, versus a jury possessing that responsibility. Proceeding with a trial by jury assures that there will be a margin of error, simply due to the fact that the jurors are human, and are susceptible to human fallibility. Whether the jury is cognizant of it or not, emotions such as pre-determined bias and favoritism can impede or bring the case to a halt all together. According to Andy Leipold, a professor emeritus at the University of Illinois College of Law, the number of jury trial conviction rates have increased from 75 percent in 1946 to 84 percent from 1989 to 2002 (Krause). This sudden anomaly can be attributed to the influx of uneducated jurors, the increased cost of proceeding to trial, and improper juror selection.
Mention the pros and cons of our jury system and possible alternatives of it. Also, identify the group dynamics of the jury members
The agency was established in 1970. According to their website “Arcseniors.org” (2014) the mission of the agency is “To enable older people to remain in the community and live with dignity and self sufficiency and sense of well-being”. The purpose of my agency is to help improve the quality of life for the aging population. The function of the agency is to provide social services to aging adults within the community. By providing social services Monday- Friday from 9am-4pm, which includes helping members/clients with food stamp applications/ re-certification, Medicare/Medicaid assistance, health
The Judiciary is not only a branch but a system of courts that interprets and applies the law in the name of the state. The judiciary system also provides a mechanism for the resolution of disputes. In some places across the globe the judiciary branch does not make the law nor enforce the law, instead they interpret the law and apply it to each individual case that it needs to be applied to. The Judicial branch of our government is not only the Supreme Court but also the federal courts. One of their many jobs is to explain the laws and figure out if it is a part of the constitution. According to Article III of the Constitution of the United States it says and I quote, “Every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one’s peers.” So this is another reasons why we have the judicial system in place so that everyone has a fair chance, in a court of law. These are just some of the things that the judiciary system
Though, the concept of community service is not very new, its importance has developed in the past few years. There are thousands of organizations all over the world that engage and support millions of young people all over the world. People of all age groups, with a maximum number of youth involved in the process of community service. Community-based organizations include social service organizations, non-profit providers and associations that engage both young people as well as adults as volunteers. The process is beneficial both for the individuals as well as the society.