United tates Jury ystem
In United tates courts, the jury is a system by which, in theory, defendants are given a trial that is fair and unbiased. The ideal is that twelve persons from the same peer group as the defendant will be able to deliberate without prejudice the position of the defense, and the outcome of the trial. In reality however it is often the case that jury members are unable to arrive at a logical and fair conclusion due to several factors beyond their control, including interference from court systems and the law.
The jury system originated in England on June15, 1215 (Arnet). The jury system at this time took the form of a Magna Carta signed by King John. The liberties and rights of the population of England were thus established, among which was the rights pertaining to a jury trial. Individuals were granted to such a right…...
mlaSources
Abramson, Jeffrey. We, The Jury: The Jury System and the Ideal of Democracy. New York: Basic Books, 1994.
American Bar Association. "Frequently Asked Questions About the Grand Jury System." November 30, 2003. http://www.abanet.org/media/faqjury.html
Arnet, Gary. "The informed juror: How an informed jury helps safeguard liberty." In Backwoods Home Magazine, July-August 2003. Article Database: Looksmart Find Articles (www.findarticles.com)
Holmquist, Micah. "Stereotypes Defied in Second Tolliver Trial." In The Chicago Reporter, July 2001. Community Renewal Society, 2001. Article Database: Looksmart Find Articles (www.findarticles.com
Reform from within the EU does not seem possible, either. It is so structured as to prevent changes in member states' minority status and other modifications from becoming attainable. Attempts by any government to amend the Community laws are considered doomed to failure, because Parliament has almost no part in European law-making (Andrews).
Conclusion
Common and civil law systems are inherently opposed, although their shared goal is to conduct a just, speedy and most inexpensive settling of conflicts (Messitte 1999). American courts have increasingly acknowledged the need to continuously evaluate and modify their processes and altogether improve the quality of justice. Efforts cover many other aspects of court activity, ranging from dispute resolution mechanisms, such as arbitration and mediation, to procedures, such as default and summary judgment used I the early stage of a trial without needing to proceed to a formal trial (Messitte).
Jury trial has disappeared in the English civil law…...
mlaBibliography
Adams, James, ed. The Jury Enigma. Court Management Observer, 2003. http://www.cmobs.com/editorial403.htm
Andrews, D. Freedom in Jeopardy. Freedom Central, 2004. http://www.freedom.central.net/euandbritain.html
Kotz, Hein. Civil Justice Systems in Europe and the United States. Duke Journal of Comparative and International Law, Special Issue, 2003. http://www.law.duke.edu/shell/cite.pl?13+Duke+j.+Comp+8+Int 'l+L.061
Massitte, Peter J. Common Law vs. Civil Law Systems. United States Information Systems, 1999. http://usinfo.state.gov/journals/itdhr/0999/ijdc/messitte.htm
The Jury System is the Only Way to Ensure JusticeOverviewIn jury trials, the key focus is usually on factual findings on the basis of the evidence laid bare by the trials parties. Towards this end, the jury not only lends its ear to the dispute, but also conducts an assessment of the presented evidence so as to come up with a decision founded on facts, and directed by the jury guidelines and legal parameters in place (Jonakait 2006). It is important to note that in general, the jury is only responsible for the guilt determination, whereas setting of the actual penalty is a preserve of the judge. In that regard, therefore, the judge looks at the legal aspects of the case, while the jury concerns itself with the facts. On the other hand, bench trials are not inclusive of a jury and they essentially take place before a judge who…...
mlaReferencesDwyer W 2014, In the Hands of The People: The Trial Jury’s Origins, Triumphs, Troubles, and Future in American Democracy, Thomas Dunne Books, New York NY.Frank, J 1973, Courts on Trial: Myth and Reality in American Justice, Princeton University Press, New Jersey. Jonakait, R.N 2006, The American Jury System. Yale University Press, London. McLynn F 2016, Famous trials: Cases that Made History. Crux Publishing Ltd, New York NY. Melsheimer, T & Smith, C 2017, On the Jury Trial: Principles and Practices for Effective Advocacy, University of North Texas Press, Denton, TX. Shea, J 1929, Defense of the Jury System, The Notre Dame L. Rev, 4(2), pp. 543-547. Starr, V.H. & McCormick, M 2009, Jury Selection, 4th edn, Wolters Kluwer, New York NY.
The Judicial BranchParticipating as a jury member plays a pivotal role within the judicial branch of the United States government, widely regarded as an essential responsibility of citizenship. It serves as a direct means for ordinary individuals to engage in legal proceedings, actively contributing to state and federal decision-making. Although judges and justices are not elected officials, jury service presents a distinctive avenue for public participation in the judicial system, dispelling the perception of these establishments as disconnected from everyday existence.A summon for jury duty can be received either from the local court system or for federal jury duty, such as serving in a U.S. district court or a federal grand jury. However, serving at the local level within the state court system is far more prevalent. When faced with this responsibility, it is natural for individuals to consider avoiding it initially. Nevertheless, it is crucial to recognize the significance…...
mlaReferencesOpenStax. (n.d.). American Government 2e. OpenStax CNX. Retrieved May 29, 2023, from https://textbooks.whatcom.edu/amgov/chapter/13-5/
Runaway Jury -- a 2003 legal thriller based on a John Grisham novel -- does not necessarily enhance the viewer's knowledge of the law, but it certainly offers an expansive view of one way of breaking the law. The film is concerned with the rise of the contemporary "jury consultant," most often used in large-scale consumer liability lawsuits such as the one depicted in the film. The legal case in Runaway Jury concerns the liability of gun manufacturers for deaths caused by their products: intriguingly Grisham's original novel dealt with similar liability cases regarding tobacco, common in the U.S.A. In the 1990s, but was altered for the screenplay. To a certain extent, this change indicates that Grisham's, and the film's, focus was never on the legal issue at stake in the actual trial. The real legal focus regards the thin line between "jury consultancy" and "jury tampering" that is demonstrated…...
mlaWorks Cited
Criminal Code of Canada (R.S.C. 19985, c. C-46). Department of Justice. Online, accessed 12 May 2011 at: http://laws-lois.justice.gc.ca/eng/acts/C-46/
Runaway Jury. Starring John Cusack, Gene Hackman, Dustin Hoffmann. 2003.
R. v. Gayle, 2001. CanLII 4447 (ON C.A.) Online, accessed 12 May 2011 at: http://www.canlii.org/en/on/onca/doc/2001/2001canlii4447/2001canlii4447.html
Vidmar, Neil. "A Historical and Comparative Perspective on the Common Law Jury." In Vidmar, Neil (Ed.). World Jury Systems. New York and Oxford: Oxford University Press, 2000. Print.
Grand Jury: Needed or Not?
The United States is the only common law jurisdiction in the world that still uses the grand jury for purposes of screening criminal indictments. The grand jury issues an indictment for crime only if based on the evidence that has been presented it finds that there is a probable cause for one to believe that a crime has been committed by the suspect .this is unlike a petit jury that only resolves a specific type of criminal or civil cases, a grand jury serves as a group for a particular period of time in all or many cases that come up in the jurisdiction which is under the supervision of the federal; state attorney, a court district attorney or even a state general attorney and listens to the evidence without having suspect or person of interest being involved in the proceedings (Leipold, 2005).
The question that arises…...
mlaReferences
Leipold, A.D., (2005). Why grand juries do not (and cannot) protect the accused. Retrieved February 21, 2014 from http://www.freedomlaw.com/archives/oldsite/GRANDJRY.html
Farlex, Inc., (2014). Grand Jury. Retrieved February 21, 2014 from http://legal-dictionary.thefreedictionary.com/Grand+jury
Rational for Selecting Juries
Page 3 Generalizations about juries
Page 4 General comments: jury service
Page 4 General comments: summoning juries
Page 5 General comments: Simpson jury
Page 6 Jurors errors and DNA analysis
Role of Juries
Close Scrutiny of Juries and Jury Selection
Role of Juries
There is rarely any debate when it comes to the pivotal role of juries in the United States' system of justice. It is the "foundation of the American justice system" and is "Vital to our democracy and our system of checks and balances," according to the American Judicature Society (AJS). The AJS goes on to call the jury system " ... the fundamental safeguard of our constitutional liberties." Certainly it is not perfect and it can be manipulated by shrew lawyers in some cases, but true, fair, outcomes are possible and those outcomes depend on the quality of the jurors who are chosen to serve (AJS).
Rationale for selecting the role of…...
mlaWorks Cited
American Judicature Society. (2010). Role of the Juror. Retrieved November 23, 2015,
from http://www.ajs.org .
Fuchs, E. (2012). Nine Ways To Get Out Of Jury Duty. Business Insider, Retrieved
November 23, 2015, from http://www.businessinsider.com .
ight to a Jury Trial
A legal proceeding whereby a jury makes decisions or findings that are factual that are then applied by a judge is known as a jury trial. It is different from a bench trial where the sole decision maker is a panel of judges or a judge. Jury trials are applied in serious criminal cases in legal systems. Juries or lay judges have now been incorporated into the legal system of civil law countries for their criminal cases.
Among the several amendments, this is one of the most important amendments associated to the individual's benefit. It is under the seventh amendment in the constitution of the U.S.A. And it is preserved to the parties in violate (Cornel University Law School, 2013). The right to a jury states that in criminal prosecutions an accused person has the right to trial by a jury that is impartial, found in the…...
mlaReference
Cornel University Law School, (2013). Rule 38. Right to a Jury Trial; Demand. Retrieved March 13, 2012 from http://www.law.cornell.edu/rules/frcp/rule_38
Revolutionary War and Beyond.(2013).Right to Trial by Jury clause-6th Amendment. Retrieved March 13, 2013 from http://www.revolutionary-war-and-beyond.com/right-to-trial-by-jury-clause-6th-amendment.html
Moreover, because of the secrecy surrounding the grand jury system, there is a very real concern that a defendant may not have the opportunity to actually confront his accusers. While improper evidence may not come in at trial, it is a fallacy to assume that simply protecting someone from conviction is protecting him or her from all of the possible negative effects of an improper indictment. The very real time, expense, and risk of trial means that even an actually innocent person who is indicted may consider a plea bargain rather than face the risk of trial.
While there is some merit to the idea that grand juries listen to prosecutors, individual grand juries behave in different manners. Some of them simply act as rubber stamps for prosecutors, while other grand juries more carefully consider the charges before them. However, the secrecy surrounding the proceedings makes it difficult to know…...
values" that underlie the American criminal justice system? That is, what would an outsider consider our fundamental value when he/she observed the U.S. justice system? It is by understanding our own values that we better understand the values of other countries. At the same time, we start to realize, I hope, that our values determine our CJ system. So it would be silly to believe that other countries have the same system as us when we know that they do not share our same values.
There are many different underlying values that could be perceived by outsiders. Probably one of the most prominent values observed would be the access to justice. Everyone is provided a lawyer and the legal system is intended to work for all citizens regardless of their place in society. Although many of the outcomes may have variations depending on an individual's background, there is at least…...
Criminal Justice System
After heavy bombardment on London by fighter plans of Germany in Second World War, someone asked Winston Churchill that would ritain live long! Churchill replied immediately that if our courts are providing justice then there is no question about existence of ritain, which they are. Similarly, in World War 1 and World War 2 where Jews were brutally killed by Nazis then some of the Jews got refuge in America. Americans do not have discrimination for any community at that time and famous scientist Einstein was one of them, which proved its worth. Provision of justice for every community is very important for any society, so it is for ritain. From last few years' lot of questions have been raised on criminal Judiciary system in ritain.
Shami chakrabarti (Director of liberty) says
efore you decide whether the system is fit for purpose, you have to decide what that aim is.…...
mlaBibliography
BBC. (2001, MAY 7). BBCNEWS VOTE 2001. Retrieved from BBC NEWS|VOTE 2001|FACTS: http://news.bbc.co.uk/news/vote2001/hi/e
CNN. (2012, Feb 22). Cameron hosts talks on football racism. Retrieved from CNN: http://edition.cnn.com/2012/02/22/sport/football/uk-football-racism/index.html
Community Correction Punishments. (1996, May). California Research Bureau. Retrieved from Community Correction Punishments: http://www.library.ca.gov/crb/96/08/
Press TV. (2012, May 07). UK police racism complaints doubled. Retrieved from Press TV_UK police racism complaints doubled: http://www.presstv.ir/detail/239932.html
Criminal Justice System
Australian Criminal Justice System
"When all is said and done, the current criminal justice system is about as fair and effective as we can reasonably expect"
Overview of the Criminal Justice System: Fair and Effective - Penal Populism
The Democracy at Work thesis proposes that politicians have been properly responsive to public concern about crime by putting into place the more robust responses to offending which people want. An alternative perspective is that politicians have been populist in advocating these tougher policies. "Penal populism"; a term equivalent to Bottoms's (1995) "populist punitiveness"; is defined here as a punishment policy developed primarily for its anticipated popularity. Penal policy is particularly susceptible to populism, because there is a great deal of public concern about crime, and low levels of public knowledge about sentencing practice, sentencing effectiveness, and sentencing equity. This combination of concern and lack of knowledge can present politicians with the temptation…...
mlaReferences
Bottoms, A.E. (1995). The philosophy and politics of punishment and sentencing. In C. Clarkson and R. Morgan, eds., The politics of sentencing reform. Oxford: Clarendon Press.
Hogg, R., and D. Brown (1998). Rethinking law and order. Sydney: Pluto Press.
Toby, J. (1957). Social disorganization and stake in conformity: Complementary factors in the predatory behavior of hoodlums. Journal of Criminal Law, Criminology and Police Science 48: 12 -- 17.
Sallmann, P., and J. Willis (2003). Criminal justice in Australia. Melbourne: Oxford University Press.
Criminal Justice System Today
Most Significant Problem Facing the Criminal Justice System
What is the most significant problem facing the criminal justice system today?
The urgency needed in addressing crime issues is a factor that is widely acceptable, the public view crime and fear of crime as among the most vital issues. A number of communities have been converted into war zones with a ring of gunshots being the order of the day and night. The society struggle everyday to bring order but, this is challenged by criminal behaviors that do not adhere to traditional standards. On the other hand are the policy makers and administrators in the criminal justice systems trying to unravel the complex nature of crime. There have been significant changes in how policing, adjudication, sentencing, imprisonment, and community corrections are approached. The existence of pressure from the public and ever changing policies creates the need understand which approaches are…...
mlaREFERENCES
Green, B. (2011). "Criminal Justice - What's Ahead? Roadblocks and New Directions."
Criminal Justice, Volume 25, Number 4.
Leipold, A.D. (1995). Why grand juries do not (and cannot) protect the accused, 80 Cornell.
Rev. 260
Federal Grand Jury
The Fifth Amendment to the U.S. Constitution provides that charges for all capital and "infamous" crimes be brought through an indictment by a grand jury. Although the founding fathers had envisaged the primary function of the federal grand jury as protection of the citizens against tyranny by the government, its protective role has eroded over the years -- making its current function in the criminal system highly controversial. This paper outlines the basic duties of a federal grand jury and discusses some of the controversial issues facing it.
Basic Duties
The provision of the Fifth Amendment regarding grand juries has been interpreted to mean that an indictment by a federal grand jury is required for charging federal felonies. The Supreme Court has held that this part of the Fifth Amendment is not binding on the States; hence the use of grand juries is not binding on the States. (Brenner 2003)…...
mlaReferences
Report by the Commission to Reform the Federal Grand Jury." (2000). Legislation: National Association of Criminal Defense Lawyers. Retrieved on June 18, 2004 at http://www.nacdl.org/public.nsf/freeform/grandjuryreform?opendocument
Brenner, Susan. (2003). "Federal Grand Juries." University of Dayton: School of Law Website. Retrieved on June 18, 2004 at http://www.udayton.edu/~grandjur/fedj/fedj.htm#Introduction
Unless a defendant waives his or her right to be indicted by a grand jury
Regular grand juries" spend more time considering evidence submitted by prosecutors, while "Special grand juries" spend more time investigating criminal activity
" The right to trial was created to protect the individual citizen from the strength and power of the government and to prevent potential influence upon the judiciary by special interests. In protecting individuals, the right to jury trial protects all of the citizenry.
The Sixth Amendment of the U.S. Constitution reads: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense ." While the right to a jury trial is guaranteed by the United States Constitution in criminal prosecutions,…...
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