Essay about The Jury Of A Jury

Essay about The Jury Of A Jury

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The presence of a jury in our legal system today is to create a sense of democracy in our society, as the presence of a jury avoids the possibility of corruption, similar to the idea of separate power, it is to assure that no one has enough power to abuse it. The right to a jury will ensure that those who are accused will get as close to a fair sentence as possible. The assigned book stated “the jury’s primary purpose is to protect citizens against arbitrary governmental actions by providing the accused a safeguard against the corrupt or overzealous prosecutor and against the compliant, biased or eccentric judge.” Jury nullification is defined by the assigned textbook as “ the right of juries to nullify or refuse to apply law in criminal cases despite facts that leave no reasonable doubt that the law was violated.” The jury is selected in three steps; creating the master list, drawing the venire and conducting the voir dire. The master jury list is an accumulation of all individuals who represent a part of the community where the supposed crime was committed, usually this list is made using voters registration lists. Drawing of the venire is where clerks of court randomly select names from the master jury list and send them a questionnaire to help better assist whether they are fit to be jurors. The last step is Voir Dire, which translates from Latin as ‘to speak the truth,’ this is where the potential juror’s examined to see whether they can judge the case in an unbiased matter.

Now that jury nullification and the process by which jurors are selected was clarified, it is important to emphasize the significance of the US Vs. Dougherty regarding Jury nullification, as one can see the jury selection is quite a detailed and specif...

... middle of paper ...

...asis will naturally have more of a robotic perspective of the occurrences of the alleged crime. I believe that we have Jury nullification and jury trial in order for those accused to get the fairest and most appropriate sentence for their wrongdoing. It is fair to say that I do in fact agree with Barzelon’s opinion as the power of jury nullification is very much a right of all American citizens facing criminal charges, the issue is of notifying the jurors of this power and I believe that they should know of this power prior to the case in order to process the proper decision concerning the accused person. If this doctrine was important enough to be mentioned three times within our constitution, I believe that by all means the jurors should be aware of this long before they need to make their decision on the case rather than being informed of it in very short notice.

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