In this essay I will be discussing whether the Jury system is an appropriate way in deciding the guilt of offenders, in addition I will be addressing the advantages and disadvantages of the jury system. “The Jury system emerged from the magna carta which provided trial by peers” yet the system has developed further and new regulations, as well as training methods have been put in to ensure the system is functioning in a more reliable manner. Juries are selected at random, yet they have to be “between the ages of 18-70, they must have lived in the UK for at least 5 years and the mentally disordered people are excluded”. The use of Juries in deciding guilt is controversial as some argue jury trials allow members of the public to become more …show more content…
There are twelve jurors in the court room who make the decision rather than one judge. “It may be that one or two on the jury don 't believe the witness or the defendant but that all 12 will be wrong is unlikely”, this illustrates that a trial by the jury would be more fair as it would be highly unlikely that all jurors would decide wrong, whereas if a judge was only to decide guilt then there would be a 50% chance of deciding incorrectly. The use of juries is a more reliable way in deciding the guilt of offenders as even though jurors may not have legal profession “jurors tend to rely on the judge’s instructions to guide them in their deliberation”, therefore juries are guided throughout the trial in order to help them come to a decision, even if jurors were unable to follow instructions or understand certain regulations then it would not be the juries fault but the judge’s, as the judge may not be able to explain precisely in a way which all jurors may understand.
The jury are most useful in complicated cases as they usually “stick to the evidence and are not swayed by irrelevant considerations”. This demonstrates that their judgements are fair and just, as they decide guilt based on the evidence portrayed to them, and are not influenced by the characteristics of an offender such as their gender, age and looks. In addition, complicated cases may take longer therefore the use of juries in deciding
The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.
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.
Juries are an essential component of Queensland’s criminal justice system. However, the current jury system in criminal law cases does not effectively meet the needs of society. This thesis is established by first examining the role that juries play in the criminal justice system and the various interests of those affected by juries. This is followed by a consideration of arguments for and against juries and reforms that may be made to the jury system. Overall, it will be seen that there are substantial reasons to reform the current system.
Every day people are convicted of crimes or arrested for other reasons. Once they are convicted they are summoned to court, this begins the jury process. Citizens are randomly chosen to serve on jury duty. The citizens on the jury will use the jury system to determine if the person being accused is guilty or innocent. Trials can become very long or they can be short it just depends on the topic and how long it takes to decide on what the consequences will be. The jury system is the main trial and the main decision of whether or not someone is right or wrong.
The role of the jury in criminal
On one hand many critics argue that the American jury system is no longer a good idea. On the other hand, some may disagree and say the American jury system is still a good idea. According to this view, one can readily agree that the American jury system gives the people a say in what is relevant to today. “The role of jury service in promoting self-governance and civic participation...the United States Constitution viewed jury service as a critically important feature of self-governance and enshrined [guaranteed] the right to serve on juries in the Seventh Amendment” (Document C). While the essence of John Weiser is that the jury system promotes civic participation, such a stance is invalid because their judgement can be clouded. Therefore, even though the American jury system does have its benefits, the jurors choice whether the convicted should be punished can be
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.
In the Canadian Charters of Rights and Freedoms (1982) under section 11, it is stated that a person that has been charged with a criminal offence, has the right to a trial by jury. For many years jury trials have been under constant criticism in regards to the jury’s inability to adequately perform the responsibilities entrusted to them. Many studies have been performed looking into the jury selection process, jury bias, pre-trial publicity exposure and attitudes/personality of a juror, in order to increase the jury’s abilities to perform their responsibilities to present a fair trial. In the case People v. Weatherton (2014), the inappropriate behaviour of a jury member lead to a legal dispute regarding the final verdict. This behaviour lead to a lengthy investigation with the final decision, made by the Supreme Court of California, to reverse the guilty verdict. As a member of the jury, it is important to understand the responsibilities one must uphold while deciding whether a person is guilty or not guilty.
The heart of the American Judicial System is the determination of the innocence or guilt of the accused. At the beginning of the play, the jurors all feel that the man is guilty for murdering his father and they all wanted to convict him without carrying out a detailed discussion. The persistence of juror eight, however, plays a significant role in ensuring that the correct and fair verdict is delivered. The judicial system maintains that the defendant does not have an obligation to prove his innocence. The fact is not clear to everyone as Juror 8 reminds Juror 2 about it. The fact is a key element of the judicial system and assists in the process of coming up with a verdict. The defendant is usually innocent until proven guilty. Another element of the judicial system that comes out in the play is for a verdict to stand it must be unanimous. Unanimity ensures that the
Some of the hardest decisions on trial are made by the jury, which means the jurors have one of the most important roles when it comes to the trial, since they have to decide on another human’s fate, either. One decision a jury makes can be the difference between going to jail for life or being liberated. When O.J. Simpson was declared “not guilty” for the homicide of his wife, Nicole Brown Simpson, and his friend, Ronald Lyle Goldman, by the Lance Ito, many argued that O.J. should have been proclaimed “Guilty”. Although many claim the verdict given was ideal, strong evidences, proves O.J. Simpson to be guilty for murdering 2 of his close acquaintances.
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 provides the certain power to the community to make a political decisions on being guilty or not guilty while satisfying individuals with the decision .Jurors decisions on verdicts are more likely to not be incorrect as there are 12 on the stand, whereas judge alone trials rely on one person on the decision of the verdict . The Bureau of Criminal statistics also show that even judge alone trials show higher acquittal rates than Jury trials in criminal cases . Another research conducted by the Australian Institute of Criminology state the findings that empanelled jurors reported significantly higher confidence when it comes to criminal trials than non- empanelled jurors
Apart from for those with criminal convictions or mental disorders, no one in future should be ineligible or excusable as a right from jury service. These proposals are now contained in the Criminal Justice Act 2003. b) The Ministry of Justice commissioned a report in 2007 on diversity and fairness. c) The defendants should no longer have an elective right to trial by jury in either way cases. Under the Criminal Justice Act 2003, defendants have retained this right but there are provisions for judge only
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
A jury is a group of 12 people aged between 18 and 70 who have been randomly selected from the electoral roll. Juries are only used for indictable criminal offences, these cases are held in either the District or Supreme court.