Judges Are Better Equipped For Deliver Justice

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.

Since the conflict model asserts that the criminal justice system’s purpose is to maintain economic and political control by the dominant class, it must be true that the dominant class has access to the system and even the laws that are applied to defendants by judges and by the process of civil procedure. The model informs us, that every decisive aspect of the criminal justice could potentially be controlled by a powerful person or entity. Even the jury selection process is informed by conflict model. In jury selection, the party with the most educated, savvy, and well-connected attorney – usually the costliest – can often control the composition of a jury according to race, gender, and political sway. The conflict model represents the system

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.

The criminal courts are responsible for determining the guilt or innocence of the person that is accused (Griffiths, 2015, p.147). As well as the courts are supposed to conclude the appropriate sentence while protecting their rights of the accused. The outcome that comes from the criminal courts is that the judgement is made to be fair, impartial and no political intrusion. Furthermore, the main focus of the courts is the find the fundamental problems, the interagency and interdisciplinary collaboration and the accountability to the community. (Griffiths, 2015, p.147). The court is supposing to keep the fairness and equality through the society.

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

In this paper I will provide an analysis of a jury trial; my analysis will focus on the right of the defendant. I will articulate how a defendant 's rights at trial can be assured when it comes to The defendant’s right to a speedy trial, the defendant’s right to an impartial judge and the defendant’s right to an impartial jury.

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.

Jury nullification has since quite a while ago entranced courts, scholastics, and society when all is said in done. The force, or possibly right, of a jury to either convict or absolve a criminal litigant, in spite of the jury 's conviction that the law and proof request an opposite result, has mixed debate since its beginning, and keeps on polarizing. As it as of now stands, nullification possesses a position in the sundown, authoritatively denounced by the United States Supreme Court, yet permitted even urged to get by different, enduring assurances of choice jury making. Resounding the conclusions of courts around the nation, juries without a doubt have no privilege to invalidate, however, they likewise most likely have the ability to do as such, as nobody, not even the judge, is permitted to do much to control a rebel jury in a criminal trial. What 's more, finds, that while in many occasions nullification is

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.

Juries allow and force the public to have a personal knowledge of court proceedings, protect against the bias of a single person, and provide the public with certainty that there is not corruption in our judicial system. No human system of justice is perfect, but I believe that what Benjamin Franklin said regarding the Constitution also applies to our jury system, “It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does” (Benjamin Franklin to the Federal Convention).

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)

In the course preserving the law and order, the effectiveness of the system designed to administer justice cannot be over emphasized. Faith in the adjudicatory system by the populace is often underscored by the satisfaction the populace derives from it in terms of its administration of justice. Hence it is pertinent to analyze the approach certain countries are employ in their respective adjudicatory process.

Juries provide a public opinion which helps show what the public would think about the case and weather the accused is guilty or not guilty.

juror including race and sex. Part of the reasoning behind the right to a jury