Running Head: Human Factors Question Human Factors Question Introduction Walter (2002) has mentioned that fallibility of witness is an important issue in the American justice system. Honesty of eyewitnesses during the trial is an important issue that has concerned most in the American justice system. In the presence of a testimony from an eye witness, jury can judge better as greater impact of an eye witness is seen on the jury members. Ziskin, Faust and Anderer (2011) have mentioned that the main responsibility of the jury members is the sorting out of credibility issues and judging the level of truth presented by the witnesses. Perjury is thought to be a crime as if a witness can lie in the witness stand; it can have negative effects on the judgments of the jury, on the dignity held by the trial, and legitimacy of the judicial systems in America. Pezdek (2007) have mentioned that there are many definitions for perjury but one of the most important statements in these cases is to make false statement on the witness stand with having an intention of lying. In any judicial system, lying is a crime, memory loss or not remembering a certain event is not considered a crime. Cohen and Conway (2008) have argued that the credibility and authenticity of the jury is decided by the jury in pure secrecy. The final judgments that are given by the jury are given without any disclosure of specific reasons of the judgments. Thereby from here it can be seen that the fallibility of the
The act of being untruthful in a society may arise when most people present false statements. Although Juror 8 has convinced nine other jurors to see reasonable doubt they further discuss a witness in her forties “making a tremendous effort to look thirty-five for her first public appearance” and states that she lived in the opposite apartment from the accused and his father. Juror 9 who points out that “the woman who testified that she saw the killing had these same deep marks on the side of her nose” indicating that she wears eyeglasses and the statement in her testimony was inaccurate. This alters the three other jurors verdict of voting guilty as one witnesses testimony could of made
The role of the jury in criminal
This paper takes a leap into the corrupted side of the criminal justice system. After analyzing several articles regarding wrongful conviction cases in the Unites States, it is apparent that wrongful conviction cases occur more often than society believed. It has come to surface in recent years that wrongful convictions are a big problem with our criminal justice system. Researchers have discovered the causes of wrongful convictions to be bad lawyering, government misconduct, informants, false confessions, flawed forensic science and eyewitness error. Furthermore, this paper explores the affects victims face due to a wrongful conviction. As society has begun to steadily realize that miscarriage of justice is a possibility, researchers have considered reforms to the criminal justice system.
Juries exists in the criminal trial to listen to the case presented to them and, as a third, non-bias party, decide beyond reasonable doubt if the accused is guilty. For the use of a trial by juror to be effective, no bias should exists in the jurors judgments, the jurors should understand clearly their role and key legal terms, and the jury system should represent the communities standards and views whilst upholding the rights of the accused and society and remain cost and time effective.
The sixth amendment to the U.S constitution guarantees a defendant in a criminal prosecution the right to a speedy, public, and impartial trial by jury. Once it has determined that the trial will be by jury, the next step in the criminal proceeding is the selection of the jurors. During this process possible jurors receive a summons in the mall ordering them to appear in court at a specified time and date the people who are summoned comprise the venire (the prospective jurors for cases). Voir dire Latin term meaning to speak the truth, this is an examination conducted by the courts or by the attorneys of a potential juror or witness to determine if they would be proficient or qualified for services. Jurors’ questionnaires reveals information disqualifying them from jury service is only the first step in the jury selection process. Typical questions relate to whether prospective jurors know the defendant, the attorneys, or any of the witnesses, whether they have read or heard about the case in the media, and whether they have racial, nationality, or gender biases. Effective voir dire is getting the prospective jurors to tell the court or attorneys what they need to know( Ferdico, J 2005).
The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)
While evaluating the advantages of a plea jury I found that a plea jury would be under the supervision of the courts and the defendant would give his plea to a guilty plea jury (Appleman, 2010). The plea jury would then decide on the facts to see if the allegations fit the offense, whether the plea was knowing and voluntary and if the sentence proposed is appropriate for the offense. Also, I found that a plea jury’s critical role would be to listen to the defendant’s allocutions instead of explaining his offenses to the judge.
Is our justice system fair? Is our justice system truly set out to do what it was meant to do? Or are there social factors and memory errors that come into play that can change a conviction outcome. In today’s court rooms we have, Defense attorneys, Prosecutors, judges, juries, evidence, forensics experts, witness testimonies, and of course the human memory. What better type of evidence than the human memory, right? Unfortunately, human memory is subject to the power of suggestion and unable to truly recall an event when told to recall. In other words, the story may not be the same as the one that actually happened the day of that event because many variables come into play like cross examinations and the way a question can be asked can alter the answer or how the event was perceived. The main focus of this paper is to see how the human brain is not able to effectively recall events which could possibly convict an innocent person of wrong doing. Also how lawyers use the misinformation effect to their advantage. In order to understand how something as simple as a question can decide a person’s faith we must first answer some questions. First, How does memory actually work and how is memory retrieved when your need to answer a question or being cross examined? Second, how does the misinformation effect play a role when a witness needs to testify against the defense or vice versa? Third, how can structuring a word or sentence effect the outcome of a conviction?
Several pairs of eyes trail the prosecutor as he puts forth his reasons as to why the defendant should be guilty. Several pairs of ears listen intently in a trance like mode, also cautious of every detail. The prosecutor presents the facts with great gusto, painting a picture of the defendant in a bad light. Once he is done, the defendant’s lawyer takes the stage and he too, with great effort, puts forth reasons as to why his client is innocent. In the end, when everything is said and done and it time for the verdict, only one voice answers to the court clerk out of the 12 men and women. These 12 people are the jurymen and they play an equally important role as the lawyers and judges of a court trial. In fact, a jury is the sole decider, based
It is the right of every citizen in this nation to have his or her case decided by a fair and impartial jury. The selection of the jury panel is one of great importance and one that can have a great effect on the outcome of the case. Therefore, it is obvious that the attorneys have a
The impact of eyewitness testimony upon the members of a jury has been the subject of various research projects and has guided the policies formed by the federal government regarding its competent use in criminal matters (Wells, Malpass, Lindsay, Fisher, Turtle, & Fulero, 2000). Therefore, eyewitness studies are important to understand how
When jury members think of a young, attractive female, they may pull to mind young women in college, studying and behaving in a pro-social manner. It may be difficult for jury members based on past and current examples of the defendant to see her committing a violent crime. The use of availability and representative heuristic by individual jury members may influence the jury to make a decision of innocence or guilt. Jury members are presented with information, and then asked to make a decision based on this information. The presentation of
In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in
Eyewitness identification and testimony play a huge role in the criminal justice system today, but skepticism of eyewitnesses has been growing. Forensic evidence has been used to undermine the reliability of eyewitness testimony, and the leading cause of false convictions in the United States is due to misidentifications by eyewitnesses. The role of eyewitness testimony in producing false confessions and the factors that contribute to the unreliability of these eyewitness testimonies are sending innocent people to prison, and changes are being made in order to reform these faulty identification procedures.
Brief list of the major case issues that are instrumental in deciding the jury conclusion.