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The american jury system history
What is the history of jury system in brief
History of jury system
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The right to trial by jury in the modern times originates from twelfth century England during the reign of King Henry II. This system may originate from an “ancient right for an accused to be tried only “by the lawful judgment of his equals or by the law of the land”” (Thomas). In the United States, trial by jury is mentioned in Article Three of the Constitution and the Fifth, Sixth, and Seventh Amendments. For many people, the jury system seems to be the fairest system and most unbiased way of determining a person’s innocence or guilt. The system is to make sure that all receive fair trial despite their race, gender, national origin, religion, political affiliation, or color. Jury service is distinct in being the only form of civic participation that is required for almost all citizens to perform today. Though as with all things this system is not perfect and still has its own consequences. The overall court system in the United States is made up of laws, statue, and codes. A case can travel through many levels of the court system until it is put to rest depending on the controversy, evidence, criticism, and so on. In the United States, the right to jury is guaranteed in all fifty states. In England and Wales, there is no modern constitutional right to trial by jury but it is the most supported in the public’s mind. Some trials are juryless and are run only by a judge like in “Judge Judy”. Jury System The jury system is split into petit and grand juries. The petit juries are for trials in civic and criminal cases. While grand juries are for a prosecutor in federal criminal cases, to present evidence to the grand jury for them to determine whether there is a "probable cause" to believe that an individual has committed a crime a... ... middle of paper ... ...sociation. American Bar Association, n.d. Web. May 2014. . Furgeson, Judge Royal. "The Jury in To Kill A Mockingbird: What Went Wrong?" Texas Bar Journal (2010): 488+. Web. May 2014. . "Jury Service." USCOURTSGOV RSS. N.p., n.d. Web. May 2014. . Lee, Harper. To Kill a Mockingbird. Columbus: Glencoe/McGraw-Hill, 2000. Print. Thomas, Cheryl. "Are Juries Fair?" Justice. GOV.UK, Feb. 2010. Web. May 2014. . Uschan, Michael V. The Scottsboro Case. Milwaukee, WI: World Almanac Library, 2004. Print.
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
The Scottsboro Trials, Brown v. Mississippi, and trial of Tom Robinson in Harper Lee’s To Kill a Mockingbird. The purpose of this essay is to compare three very similar cases, the Scottsboro Trials, Brown v. Mississippi, and the fictional trial of Tom Robinson in Harper Lee’s To Kill a Mockingbird; and to prove why the defendant in the third trial never had a chance. Each took place in the rural South in the 1920’s and 30’s and involved the unfair conviction of young black males by all-white juries pressured by the threat of mob violence.
This chapter is mainly devoted to the jury selection process and how it is taken care
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court.
As one of the seven jury deliberations documented and recorded in the ABC News television series In the Jury Room the discussions of the jurors were able to be seen throughout the United States. A transcript was also created by ABC News for the public as well. The emotions and interactions of the jurors were now capable of being portrayed to anyone interested in the interworkings of jury deliberations. The first task,...
First, when individuals are appointed for a jury, several individuals will do anything to not be selected for the trial. For instance, my father has conveyed he was indisposed or he could not afford to miss work. Moreover, most individuals do not perceive being a juror as an honor being as a citizen, instead they see it as a burden. A substantial influence on this position is the remuneration, because individuals are missing work to serve. On average, an individual who is selected to be a juror makes about 30 to 40 dollars a day, a fraction of when he or she is working. For this
“I think there’s just one kind of folks. Folks” (Lee 304). Harper Lee is the renowned author of To Kill a Mockingbird which was inspired by the real events of the Scottsboro Trials. Throughout her novel, Lee indirectly references the case by creating characters, events, and symbols that resemble and contrast the case. These elements allow the novel to emerge with a more realistic and historic plot. In particular, the similarities and differences between Judge Horton and Judge Taylor, Victoria and Mayella, and the atmosphere of the courtroom are most prevalent. By examining these components one will be able to respect the historical features present in Harper Lee’s fictional literary phenomenon, To Kill a Mockingbird.
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’.
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...
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
The right to a trial by jury is deeply embedded in the American democratic stance. This shines through the Fifth, Sixth, and Seventh Amendments
Everyone in the United States have specific rights when they are criminally accused. “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” This quote was from Thomas Jefferson. Trial by jury goes along with everyone having rights when they are accused, it is one of the basic things in the bill of rights, that when you are accused, you have the right to a trial by jury. There are many other rights as well.
The criminal justice system in America is comprised of not just one but of a set of organizations and procedures that have been created by governments in order to mitigate crime and impose penalties for those people who choose to break the law. The United States has many individual criminal justice systems and each jurisdiction i.e. city, county, state, federal or tribal government or military has the ability to dictate how the system works as well as have different laws. With that being said, people in the United States rarely have contact with the criminal justice system and subsequently get much of their ideals and knowledge of what the criminal justice system is and how it works from the media, especially through entertainment television viewing. (Albany) Even though I have been to countless court hearings as a police officer, attending a jury trial as a student was different as I was able to step back and look at it through the eyes of a learner and not an agent of the government.
Johnson, Claudia. "The Secret Courts of Men's Hearts: Code and Law in Harper Lee's To Kill a Mockingbird." Studies in American Fiction (1991):129-139.