Trial by Jury -- a right that must be upheld, in part
One of the most controversial issues today in the area of criminal justice is that of the right of all defendants to a trial by jury of his or her peers. Often, as seen in the pairing of the essays of the noted defense attorney, media personality, and Harvard Legal scholar Alan Dershowitz against the words of Christie Davies, the debate can be very polarized. Dershowitz calls juries "Unsung Heroes," stating that "Juries Offer True Justice" in the populist and democratic spirit of America, while Christie Davies's "Trial by Jury Should Be Abolished" takes the contrary view, calling the right to trial by jury an outdated system that was viable only in eras of less complicated legal and technical questions, and in a more homogeneous America.
However, the polarized views of Dershowitz and Davies must be given more nuance with references to actual specifics of the jury system. A further consideration of specific issues and kinds of cases suggests that trial by jury should not be maintained an absolute right. Nor should it be abolished entirely. Instead, the idea of trial by jury can be retained in the American legal system through the use of introducing more exceptions and special courts. Thus, the best solution may be to compromise and to limit trial by jury to specific cases and courts. Having particular courts for particular legal issues, like medical malpractice or other highly technical issues would remedy many of the problems that critics of the current system currently grapple with as legal scholars and moral individuals.
Even supporters of the jury system question the ability of juries to nullify laws they find unfair. While Robert Anton Wilson believes that "Jury Nullification: Freedom's Last Chance," to have the common man or woman contest bad laws in the justice system, Mark S. Pulliam counters in "Jury Nullification Should Not Be Allowed" that this gives too much power to individuals without a legal background who may be swayed by emotion rather than legal logic. Thus, even within the jury system, a balance must be struck between democracy and legal formalities. With that in mind, many areas of the law already do not include trial by jury as an absolute right for defendants. For example, "in landlord tenant litigation, trial by jury is a rarity. Most leases contain a standard waiver of right to trial by jury, so cases are normally heard in special courts set up for landlords and tenants, with judges appointed from the ranks of legal aid lawyers." (Potch & Doyle,1995)
This reality acknowledges…
Another difference between the American juror system and the Venuzuela escabino system is the number of participants. In the American juror system there are 12 jurors seated with several alternatives on the ready. This means if one of the chosen jurors cannot serve completely through to the end then one of the alternatives will step in and take that jurors place. As an alternative the juror is expected to listen
The logic is simple: the judges here are fakes but the judges in the afterlife are real; and moreover, the one truth he asks the jury to keep in mind is that "…a good man cannot be harmed either in life or in death" (41-c). After all, Socrates will find joy in questioning and having discussions with iconic persons like Homer or Orpheus: "I could spend my time testing
Trial by Jury One of the most controversial issues today in the area of criminal justice is that of the right of all defendants to a trial by jury their peers. While most arguments are for or against this right, careful consideration of specific issues and kinds of cases suggests that trial by jury should not be abolished entirely, but should not be an absolute right. The idea of trial by
The jury system in inefficient because it relies on compulsory civil service that most people wish to avoid. Since long deliberations add to the length of jury service, jurors serving compulsory terms have a natural incentive to reach a verdict as soon as possible, which often influences the decision of minority opinion holders to join the majority irrespective of their beliefs and wholly apart from the separate issue of social
The constitutionality of the need for a unanimous jury verdict has been determined by the U.S. Supreme Court and the Court has ruled that, in state cases, such verdicts are constitutionally acceptable (Coughlan, 2000). The Court ruled that justice could still be served with less than a unanimous jury verdict as long as the jury was composed of a group of individuals representative of a cross section of the
Trial and Death of Socrates Several of Plato's works explicate the details of Socrates life, especially his trial, sentence and execution. The novel, Trial and Death of Socrates too work around the same ideals, and present to the audience a man of great integrity and honor. Socrates was a man who valued his decisions and had great regards for self-respect, as well as respect for others. He was a man who
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now