• Lastly, they argued that in the particular case of the applicant, there was no opportunity to raise the doubt of impartiality as none of the juror police officers had any previous knowledge of the case and the serving police officer, though he recognised the man at the court he did not know the man or his connection to the case. There was no dispute on the fact that the accused had murdered or not but only that was it on self-defence. Moreover, the defence counsel was consulted by the trial judge to give their consent the situation and counsel had not given any objections to the existence and continuation of the juror police officer in the jury. Additionally, there was no relevant fact to suggest that the members of jury acted inappropriately
You're not gonna tell me you believe that phony story about losing the knife, and that business about being at the movies. Look, you know how these people lie! It's born in them! I mean what the heck? I don't even have to tell you. They don't know what the truth is! And lemme tell you, they don't need any real big reason to kill someone, either! No sir! [Juror 10, page 51] This type of prejudice offended many of the other jurors, especially Juror 5 who is of similar race to the accused.
The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally, the jury system has been viewed as a cornerstone of common law procedure. However, the use of the system of trial by jury is on the decline. Today, its use differs, depending on whether (a) it is a civil or criminal matter, and (b) in criminal matters, whether it is a summary or an indictable offence.
In Reginald Rose’s 12 Angry Men there is a clear juror whom swayed the others and directly expressed his ideas. He is a “gentle man...who wants justice to be done.” Juror no.8 is the hero as his initial choice to vote not guilty locks in the boy's fate of escaping a life of prison and punishment; not excluding his persuasiveness and ideology of the morality of the other jurors. Juror no.8 single handedly voted against the grain and convinced other jurors of his logical reasons ‘it’s not easy for me to raise my hand and send a boy of to die before talking about it first’. It was heroic of him to stand out against the others and the dramatic conclusion greatly attributed to his significant factor as the vote sway from 11-1 guilty to 12-0 for not guilty. Juror no.8 helped conveyed to the other jurors the boy's innocence. Persuading jurors in a chill mannerism whist jurors 3 and 10 were angry and impatient. Over the case juror no.8 was calm and reviewed the evidence taken from the prosecution and it's flaws. Juror no.8 constantly reviewed the evidence with other jurors presenting logical
The current jury system is based on an almost millennium-old principle found in the Magna Carta (1215). As a result of changes in society since, the system must be seen as potentially outdated. In other words, it may not satisfy the needs of modern society, judged by what the major stakeholders of the criminal justice system expect. Indeed, there are substantial flaws in current jury systems in terms of effectiveness. The two major concerns with jury systems are their representativeness and their levels of competence. The representativeness of juries is essential as their reason for existing is to represent the views of society. Having twelve jurors could be understood to ensure representativeness and eliminate room for bias. However, this does not remove the possibility of juries being biased towards parties. Even if the potential jurors contacted are representative in terms of gender, ethnicity, age and socioeconomic status and though jury duty is a compulsory engagement, 90% of Queenslanders opt out of it. This makes it very likely that juries will not be representative. One example is ethnic diversity. There is likely to be less ethnic diversity in courts because ethnic minorities might not have sufficient language ability or access to interpreters to be jurors. Another example is age. It is likely that retired people
The role of the jury in criminal
Some could argue that this case illustrates the failure of the jury system. Despite all the evidence pointing to the guilt of the defendant,
With jury bias we examined that the perspective taking, victim impact statements and race of the victim had no main effects with ps > 0.26 and no significant interactions either with ps > 0.64.
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.
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
Pope Innocent III “ forbade priestly involvement in ordeals—thus taking away their holy sanction [and] in 1215, a jury system was loosely in place in Norman England. In this system, the king’s court chose twelve persons to testify as to what they knew about the facts of a case or the character of the parties involved” (The American Trial Jury). Since its establishment in 1215, problems have arisen regarding the jury system across the world. Foremost, the rise of technology engendered unjust trials and biased jurors in the 1950s, during the Sam Sheppard case. The news media released the names and telephone numbers of the jurors involved in the case and they encouraged local citizens to call the, to voice their opinions during a trial, and therefore the jury was not isolated from media outlets (The American Trial Jury). Race also generates dilemmas with the jury system, like in the case of Keith Tharpe. Woefully, he was on trial for murder and convicted solely because of a racist juror who referred to him as a derogatory name for blacks (A Black Man Convicted By a Racist Juror is About To Be Executed). Likewise, the jury system is flawed due to a rise in juror misconduct. In the year 2009, during the court case United States v. Bristol-Martir, a juror conducted illicit research on the case and was subsequently disqualified as a result of her immoral actions (Saltzburg, Dealing With Juror
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
Between this time and November 3rd 1994 the jury of 12 was selected out of a venire of 304 perspective jurors. All 304 perspective juror’s had a seventy five page questionnaire to complete to determine eligibility for the trial. Both the prosecuting and defending teams set out to present their case. The trial lasted 134 days in 1995 and is renowned for the media coverage from inside
I am in receipt of your Jury Summons letter requesting that I attend Courtroom #3 on August 1, 2018 for jury selection. Although, I realize that being a juror is a civic responsibility, I am writing to respectfully request that I be excused from jury selection at this time, for the following reasons:
The Selection and Role of a Jury in a Criminal Trial This assignment focuses on how a jury is selected and its role in a
was concerned about the defendants’ ability to receive a fair trial. He recruited a group of social scientists and offered their services as consultants for the defense (Schulman, et.al., 1973)