The Right of Juries to Judge the Justice of the Law
For more than six hundred years-that is, since Magna Carta, in 1215--there has been no clearer principle of
English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries
to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also
their light, and their primary and paramount duty, to judge the justice of the law, and to hold all
laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or
resisting the execution of, such law.
Unless such be the right and duty of jurors, it is plain that, instead of juries being a "palladium of liberty"-a
barrier against the tyranny and oppression of the government-they are really mere tools in its hands, for
carrying into execution any injustice and oppression it may desire to have executed.
But for their right to judge the law, and the justice of the law, juries would be no protection to an accused
person, even as to matters Of fact; for, if the government can dictate to a jury any law whatever, in a
criminal case, it can certainly dictate to them the laws of evidence. That is, it can dictate what evidence is
admissible, and what inadmissible, and also what force or weight is to be given to the evidence
admitted. And if the government can thus dictate to a jury the laws of evidence, it can not only make it
necessary for them to convict on a partial exhibition of the evidence rightfully pertaining to the case, but it can
even require them to convict on any evidence whatever that it pleases to offer them.
That the rights and duties of jurors must necessar...
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...mple of all our American governments, in which
the constitutions have all become obsolete, at the moment of their adoption, for nearly or quite all purposes
except the appointment of officers, who at once become practically absolute, except so far as they are
restrained by the fear of popular resistance.
The bounds set to the power of the government, by the trial by jury, as will hereafter be shown, are these-that
the government shall never touch the property, person, or natural or civil rights of an individual, against his
consent, (except for the purpose of bringing them before a jury for trial,) unless in pursuance and execution
of a judgment, or decree, rendered by a jury in each individual case, upon such evidence, and such law, as
are satisfactory to their own understandings and consciences, irrespective of all legislation of the government.
Reasonable doubt plays a significant role in this particular case, as it requires a standard of unsurpassable evidence in order to be able to convict the plaintiff in a criminal proceeding. This is required under the Due Process Section in the Fifth Amendment of the American Constitution, allowing a safeguard and circumvention
In theory all jury systems (which have existed for almost 800 years) are fair and just.
trial in the first place. The true substance of the trial was never a criminal
The book Acquittal by Richard Gabriel states, “juries are the best judges in the system. They are not elected, they don't have the high-powered microscope of appellate review or the stern, disapproving-schoolmarm precedent looking over their shoulder, and they have no interest in the outcome of the case.” For this reason, we can come to the conclusion that the use of juries in a trial is the best for all involved in the legal system. While juries, “are the best judges in the system”, lawyers, jury consultants, and jury scientists are the reasons they are viewed this way. It is their job to make sure that not only their client, but everyone has a fair and unbiased trial.Making sure that “the best judges in the system” are fair and unbiased takes a lot of planning, research, and effort. You must research the jurors, understand how they think, what their morals are, and how they would view this case. “It is a constructed reality, cobbled together by shifting memories of witnesses, attorney arguments, legal instructions, personal experiences, and beliefs of jurors.”(Gabriel
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 American court system came to be through the Judiciary Act of 1789 which was signed by President George Washington on September 24, 1789. The constitution had established the Supreme Court, but reserved the authority for Congress to create lower federal courts. This act set the structure and the jurisdiction of such courts and generated the position for Attorney General. The Act also organized the United States into circuits and districts, which formed thirteen district courts, one for each state. Before the modern era, the justice court system used different principles to punish criminals and solve disputes. During the American colonial times, religion was an important influence when the time for a verdict by the court came into play. They would use the principle of “Actus Reas”, meaning guilty act, and “Mens Rea”, meaning guilty mind. They believed that all men are sinners and therefore be punished as such. Sir William Blackstone established and influenced new, but similar, principles that were all biblical-origin and similar to the Declaration of Independence and Constitution. Today, the court system is broken d...
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.
From conception in the Magna Carta 1215, juries have become a sacred constitutional right in the UK’s justice system, with the independence of the jury from the judge established in the R v. Bushel’s case 1670. Although viewed by some as a bothersome and an unwelcomed duty, by others it is perceived to be a prized and inalienable right, and as Lord Devlin comments ‘ trial by jury is more than an instrument of justice and more than one wheel of the constitution : it is the lamp that shows freedom lives.’ It is arguable that juries bring a ‘unique legitimacy’ to the judicial process, but recently it seems that their abolition may be the next step forward for the UK in modernising and making the judicial system more effective. Many argue that jurors lack the expertise and knowledge to make informed verdicts, along with views that external forces are now influencing juries more heavily, especially after the emergence of the internet and the heavy presence it now has on our lives. Yet, corruption within the jury system is also internal, in that professionals and academics may ‘steamroll’ others during deliberations about the case. These factors, coupled with the exorbitant costs that come along with jury trials creates a solid case for the abolition of juries. On the other hand though, the jury system carries many loyal supporters who fear its abolition may be detrimental to society. Academics and professionals such as John Morris QC state that; 'it may well not be the perfect machine, but it is a system that has stood the test of time.’ Juries ensure fair-practice within the courtroom, and although controversial, they have the power to rule on moral and social grounds, rather than just legal pre...
Magna Carta is a document that is eight hundred years old; however, it still influences
We must look at the facts and decide whether the American Jury System is still a good idea. How much is it costing us to pay for each individual to serve on the jury and does this out way the possible benefits that a jury system has in the court of law? The other important factor and feasible benefit of a bench trial is that there’s hardly any room for error. No one is perfect, but it’s a lot less likely that a judge would make a vital mistake impacting the rest of someone’s life versus twelve arbitrary citizens from the community. The United States court system shouldn’t allow any incompetency, unsupported bias, or negligence in the evaluation of cases. We must choose the system that is best for our increasing complex and refining society.
For example, according to a CNN article entitled,” 'Blue-eyed butcher ' sentenced to 20 years,” “A medical examiner testified he was able to count 193 wounds on the body, with the actual number of stab wounds well in excess of that” (Jakobsson, 2010, para. 6). Pictures were also presented to the jury to show the disfigured body. Another piece of evidence leading to the conviction of Susan Wright was the autopsy done that showed drugs in Wright’s system. The author of CNN stated, “They also suggested she may have drugged him with gamma-hydroxybutyric acid, known as the "date-rape drug," low levels of which were found in Jeffrey Wright 's system” (Jakobsson, 2010, paragraph 10). One last conclusive piece of visual evidence was the presence of two of Jeffrey’s ex-girlfriends. “Misty McMichael testified Wright beat her repeatedly during their two-year relationship and tried to control her every move” (Jakobsson, 2010, paragraph 13). McMichael also claimed that Wright had pushed her down the stairs 104 times and at one point even locked her in a room (Jakobsson, 2010, paragraph 14). This evidence was in favor of Susan Wright. The impact of this visual evidence was significant in many ways. Evidence is proof and proof cannot be made up, only misinterpreted. Therefore, the excessive amount of stab wounds found on Wright’s body along with the drugs found in his system was
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’.
All evidence found within illegal standing and evidence that is illegally found by police without a search warrant, are inadmissible in court any illegal search done by officers
when it is the purpose of the accused. A court or jury may also infer
In the courtroom, the judge was presiding over the court, and because the matters were on criminal cases there were jurors. This jury received instructions from the judge about the law, as they were nonprofessional. A jury consists of twelve persons when it comes to serious felonies and six members when it is only a misdemeanor. The reason why the judge gave them the facts on the law was to help them deliberate after the case was over to establish whether the accused person was guilty or not. The judge was referred as to your honor by the counsel, the accused and the prosecution. Additionally, there was the judge’s associate whose duty was to swear in the jury, keep the trial exhibits during the court proceedings and record the court verdict at the end of each trial. There was also the judge’s tipstaff whose work was to announce that the court was in session as well as swear in witnesses. However, the most important duty of the tipstaff is to take care of the jury and escort them ou...