The U.S. recognizes the right to jury trial in virtually all criminal cases, including misdemeanor and felony. Twelve members make up a jury. The Sixth Amendment guarantees anyone facing a penalty of no less than six months imprisonment a jury trial. In reality, the Sixth Amendment does entitle the defendant to a jury trial if their offense is punishable by a period of below six months imprisonment. A jury trial helps to check or test out unfetthered prosecutorial power (Ward 83). Prosecutors must decide how and what to charge the defendant while considering that a jury will eventually decide their case upon presenting the evidence. In most cases, prosecutors have enormous powers when making a decision about charging a defendant with a criminal …show more content…
The importance of a jury makes it necessary to understand its function, strengths and weaknesses in a criminal matter. Both the state and federal courts follow the same procedure in impaneling the jury. Most states do not accord minors the right to jury trial in court proceedings related to juvenile delinquency. The jury essentially hears the evidence presented against the defendant and potential defenses. It will then weigh the evidence and ultimately determine if the evidence satisfies the criminal offenses that the defendant has been charged, beyond any reasonable doubt. Numerous and varied rules often surround the jury. The jury mainly focuses on criminal cases because these cases put a person’s liberty at risk. Defendants do not have a right to jury trial if their jail term does not exceed six months. All jurors need to recognize the fact that jury service is a critical duty of citizenship. They may also decide questions that involve crimes for which a trial judge fine, place on probation, or confine defendant to prison. Nevertheless, a jury does not play any role in sentencing, but instead leaves it upon the trial judge to make this decision following all the submissions made by both sides. Overall, the court system must rely upon a jury for the protection of liberty, life, and the pursuit of
6th amendment: we should keep the 6th amendment to allow the people have the right of having assistance. The right to counsel protects all of us from being subjected to criminal prosecution in an unfair trial. This right is more important when the accused faces the death penalty. For example the case of Bradley Manning who was serving for U.S military was arrested for leaking information and aiding the enemy in Iraq and Afghanistan.” Recently, Manning’s defense attorney, David Coombs, filed a motion stating that Manning’s charges should be dismissed because his right to a speedy trial has been completely violated”. So the point is that he at least could defend himself by the information that he had. The importance of this amendment is that
They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights.
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
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
Overall, the twenty-sixth amendment is taken very lightly, and easily brushed over. Unfortunately, the amendment is more complicated than thought to be the common American. It has had many voting age arguments due to military’s part in the debate. This was made more complicated since the Vietnam war was in action as the age debate was being addressed throughout the nation. The amendment was the ultimate full membership into the political community and demanded that they would be recognized as citizens as well. Ultimately, voting does give the government lead way on what actions to take to better help our the country, as well as responding to the demand of the people within America as well. Having generations and generations all in one voting
The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment.
This is the sixth amendment and this tells you about what juries can do in cases of law. “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.” What all of this means is that everyone that gets convicted of a crime gets all of the same benefits weather its a misdemeanor, felony, or capital crime. Everyone get the rights to a speedy trial and an impartial jury.
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
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
Hundreds of years ago, the jury system arose in England. A ruler named King George soon took away the right for people to have a trial by jury, which is ordinary citizens drawn to help decide a case based on presented evidence. This made many Americans angry and upset for what he had taken from them. The US Constitution guaranteed the right to have trial by jury, which the founders made sure of that and also is guaranteed in the Bill of Rights. It was listed in the Declaration of Independence as a reason for the American colonist to separate from Great Britain. Having jury duty helps serve as a responsibility for the American citizens to help repay the government for the things they do and protection they provide. Even though this is a good
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.
A jury system inquires fairness in a court case. A jury is “A group of citizens called to hear a trial of a criminal prosecution of a lawsuit, decide the factual questions of guilt or innocence or determine the prevailing party (winner) in a lawsuit and the amount to be paid, if any, by the loser” (Law.com Legal Dictionary 2014). As a jury member they are obligated to tell the truth and give an honest response. The jury system randomly selects 12 people for each court case. Once you are 18 years old and registered you can be selected for jury service. There are two categories of people who cannot serve and that is people who are excluded from the jury roll and who are exempt from jury service (NSW Government 2014). Those who are excluded are people with criminal convictions and who hold high positions in public office. Those exempted are due to their employment (NSW Government 2014). As a jury member you are expected to dress appropriately, be honest, and give fu...
The sixth amendment is indeed a right that carries tremendous importance with its name. It constitutes for many protections which Mallicoat (2016) summarizes by saying it “provides for the right to a speedy trial by an impartial jury of one’s peers in the jurisdiction where the crime occurred. Provides the right to be informed of the nature of the charges, to confront witnesses against oneself, and present witnesses in one’s defense. Provides the right to an attorney.” Having an impartial jury of one’s peers is extremely important in efforts to eliminate bias and a subjective, limited range of mindsets. If this cannot be obtained in the jurisdiction where the crime was committed, one may request trial to be held elsewhere, such as in the case
Long-drawn out trials that go on for years cause psychological stress, tension in the family of those involved in the case, and these trials make a huge dent in the money supply of the court system in the government. Each day members of the jury have to be accounted for and must receive money for their services. Using a judge is both cost-effective and smart. Additionally, judges usually don’t take as long to make decisions in court as they are both efficient in what they do and are well-informed of the subject, the particular person on trial, and they have the know-how to execute the correct sentence. “In 2010, 2,352 federal criminal defendants had a jury trial and 88% of these criminal jury trials ended in a conviction.” (Document A) Now on the one hand some...
Both parties have the right to appear in court, call witnesses and testify on their behalf. Although most times the defendant will not testify on their own behalf which could lead to self-incrimination. After hearing both sides speak and issues their final arguments, the jury then receives their specific instructions from the judge which vary depending on the circumstances of the case. The jury usually consists of six to twelve jurors (US Courts). They then go to the jury room to begin the deliberation process to find an acceptable verdict. Most states, the first thing is to elect someone as the foreperson (American Bar). Usually the court provides the jury with written forms of any possible verdicts, so when a verdict has been reached, the jury only needs to pick the proper paper to deliver to or read aloud to the judge. In all criminal or federal cases the jury’s decision must absolutely be unanimous, they juries mindset must be “without a reasonable doubt” that the person in guilty or innocence. When jury decisions are not unanimous it is then declared a mistrial, and may be tried again at a later date with a different jury, unless the plaintiff no longer wishes to continue with the case (American