Juries have been a long-standing foundation of our country’s legal system, and determine the outcome of court cases at varying levels. One of the most difficult tasks for Juries comes into play when long sentences are on the line, and even more so when a case involves capital punishment. In Capital punishment cases, the jury must often take defendant’s remorse for their action into account. This study examined the nonverbal and verbal aspects of a defendant and how this impacted the mock jury. Additionally, the study examined the need for affection (NFA). The study’s dependent variables were perceived remorse of the defendant, and the sentence imposed by the jury, while the independent variables were vocal remorse shown in the defendant’s statements …show more content…
Generally, one would think of people in the customer service industry, on cruise ships, or even flight attendants as examples of this concept of emotional labor, however, this is an equally important part of the job of judges and magistrates within our legal system. As with any job which requires emotional labor, situations will arise when a magistrate will deviate from their expected expressed emotional reaction. It is this concept of emotional deviance which this study focuses on. Whereas people in lower positions would be chastised or reprimanded for their emotional deviance, magistrates are in a position of power making it so that their use of and punishment for emotional deviance would be treated differently. The study specifically looked to address how judges use emotional deviance, how often they use it, and how their power and status impact the use of said deviance. Data for the study were collected through a combination of interviews and observations of twelve judges, six females and six males, from two municipal courthouses. Notes, recordings, and observations were then compiled and analyzed for reoccurring themes and categories. The two main feeling rules which judges were expected to follow for the courtroom were identified as being the need for the judges to maintain perceived neutrality and
In Business Insider article “This is Why Juries Shouldn’t Decide Court Cases” Erin Fuchs argues that court cases in the US shouldn’t be resolved by Juries. Erin Fuchs is completely correct. Cases should not be solved by bias and inexperienced and unwillingness people in law. In the article Professor Peter Van Koppen compared jurors to unequipped people acting as your doctors. In his 2009 essay it states “you wouldn’t want a panel of lay people acting as doctors.” This comparison makes a lot of sense. If you were a “criminal” and you had a case that meant life or death, would you want some bias and not prepared random people off the streets choosing if you are going to die or live? Some horrible criminals get big breaks because some unprepared
In “The Adversary Judge” Frankel explains how realities of the trial create a “role conflict” between the ideally constructed impartial judge and the realistic adversary judge (Frankel, 1976). Throughout their day people play many roles, these roles are based on the expectations of the people around them and the personality of the person (Frankel, 1976). In particular, judges are expected to play the role of neutrality, intelligence, and patience. Their role is thought to be similar of an “umpire” (Frankel, 1976). It is necessary for them to be objective in order for a just and fair trial to take place. Yet, this ideal role does not occur under the pressure of realities. One reality that pushes away the idea of an “umpire” judge is the heated emotions that occur throughout the trial process. Frankel states” the courtroom explodes as people spring up at several tables shouting objections, usually loudly because they are in some haste and heat to cut off forbidden answers” (Frankel, 1976, p. 472). The attorney’s main goals throughout the trail is to ensure a win for their client leading to competitiveness between both parties. Attorneys do not want to hear they are wrong and always need to be one step ahead of their competitors. This causes the commotion and tense emotions that is usually seen in courts.
It was a gloomy Tuesday morning in Camden on March 18, 2014. Spring break had just began and the free time to do the court observation. The Superior Court of New Jersey had begun a civil action court case that was fairly controversial over how to distribute ones pension to their spouse when filing a divorce. When arriving upon the court house, the whole entire environment surrounding the court was very authoritarian. It seems that the court rooms and such are always located where most of the town’s governing takes place, whether it is just a municipal court, or the superior court just as this one. Before arriving, the presumption was that the court house would like every other court house, big building with large marble stone pillars in
Juries in NSW The jury system plays a very important part in the running of the courts. The jury system is needed in both criminal and civil cases. There are advantages of the jury system as well as disadvantages.
In this task I will write a report about comparing the roles of judges, lawyers and lay people within the English courts.
There are two kinds of court in this country. The two courts are state and federal. In this essay I️ will be briefing you on the things that they have in common and the things they don’t have in common such as behavior in the court and the way they handle the state court room.
The American jury system is no longer reliable. Those on the American jury system usually base their decision on opinions rather than facts. Ordinary citizens do not have the a full understanding of the law. The majority of the jury is easily influenced like the image of the convicted can influence the juror. Jury duty is mandatory not a choice, it is a person's choice that is not their own.
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)
According to some investigators, victims do not feel better following the presentation of their allocution evidence during the penalty phase of a capital trial. What these findings suggest is that VIS, fueled as they often are by expressions of pain, anger, resentment, and vengeance, mostly leave the offended party feeling dissatisfied. As such, the emotionally charged and largely negative content of this evidence is suspect for furthering the aims of meaningful victim justice (Arrigo & Williams, 2003, p.
For this criteria I will be producing a written evaluation of the effectiveness of magistrates and juries in the administration of justice in the English legal system.
The Constitution guarantees us a right to a trial by a jury in serious criminal hearings. The jury job is to weed out the facts by reviewing the evidence and deliberating on a verdict based on an agreement of three-fourths or five-sixths of the jurors (How Are Potential Jurors Selected, 2016), (How Courts Work, 2016).
All pleas and jury verdicts at all Crown Courts 2006–08 by defendant ethnicity (at charge level) 61
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
The judges act as a “referee” in the courtroom. The judge sets the whole tone for the trial, showing that the judge holds the overall power during the trial.
inappropriate public criticism. This has left judges in a precarious position: remain silent in the face