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 system inquires fairness in a court case.
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.
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.
It protects the rights of the accused and grants several rights specifically to these people. One of the rights is an impartial jury. In almost all instances, the jury is the most important part of the trial. They are the true decider of whether a defendant is innocent or guilty. Twelve Angry Men focuses on the decision of a jury.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements.
The majority of states have twelve member juries in felony cases, for misdemeanor crime the numbers are more varied (Worrall, 2015). Another important aspect of jury numbers is the number of jurors required for a conviction. A unanimous decision is not always required for conviction in state civil cases. However, all of the state misdemeanor trials are required to have a unanimous decision, except Oregon, as well all state
Their jobs see that people are granted the right to a trail by a jury of their peers, the right of innocent until proven guilty, the right to a speedy and public trial, and the right to remain silent (Klein, 2012). Lawyers are a necessary part of the criminal justice system. The next component of the criminal justice system is the court. These courts are ran by judges that make sure the law is followed and oversees what happens in the courtroom. The courts are put in place so that the judges can decide whether to release offenders before the trial, except or reject plea agreements, or sentence convicted offenders (Hoffmann, 2011).
The American jury system is a time-honored tradition. It is the pinnacle of freedom and democracy – suspects are innocent until proven guilty, and they can only be proven guilty through the careful examination, cross-examination, and analysis of a case by lawyers, who present their case to a group of twelve equal citizens. Or is it? Jury trials are not the only type of trial in America, the other being a “bench trial” or trial by judge. Immediately, this sounds absurd – who would favor a bench trial over a jury?
The legislation that governs the jury system is the Jury Act 1995 (Queensland). In this particular legislation it tells you the citizen’s obligation to perform jury service, jury districts and rolls, power to excuse from jury service along with many other sections and subsections of other information on jury matters. There are 12 people that make up a jury. They are chosen at random and are called upon to attend jury duty. It is a person’s moral obligation to attend jury duty unless they have a valid reason like work, childcare, financial implications or unless you are; o the Governor o a member of Parliament o a local government mayor or other councillor o a person who is or has been a judge or magistrate (in the State or elsewhere o a person who is or has been a presiding member of the Land and Resources Tribunal o a lawyer actually engaged in legal work o a person who is or has been a police officer (in the State or elsewhere o a detention centre employee o a corrective services officer o a person who is 70 years or more, if the person has not elected to be eligible for jury service o a person who is not able to read or write the English language o a person who has a physical or mental disability that makes the person incapable of effectively performing the functions of a juror o a person who has been convi... ... middle of paper ... ...the jury system is now a greater importance than ver.
Also, I will inform you about the goals of sentencing associated with each role. The goals of alternative sanctions will be discussed. I will also let u know what recommendations I have regarding victims’ rights. The prosecutor’s role within the criminal justice is meaningful. According to "The National Center for Victims of Crime" (2012), prosecutors are lawyers who represent the state or federal government (not the victim) throughout the court process from the first appearance of the accused in court is acquitted or sentenced.