Jury Trial Analysis Paper

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 trail 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.

Juries are embedded in the foundation of America. Preceding the revolution, trials were dictated solely by judges, which led to flawed rulings. After numerous taxes were passed in court in the colonist’s favor, the American Revolution had its start, and would continue until the United States became a recognized nation. In this nation, a right to trial by jury was granted and protected by the Constitution. The significance of this decision is seen in the courtroom, where the people’s vote is what stands between the government.

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 first phase of a criminal jury trial is focused on selecting specific jurors, which is accomplished through a process referred to as 'voir dire' which is a screening of potential jurors. In the criminal trial involving an offense categorized as a felony "12 jurors and up to six alternate jurors may be chosen." (3rd Judicial District, ) Voir dire of the jury involves the prosecuting and defense attorneys questioning the potential jurors and

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 jury system in America is also influence by the English jury system. Another one of America’s constitutional right is due process which is the basic for fairness that is important in the judicial system which allows our system to work with honor and integrity. According to Currie (1992), the factors of due process involve the United States Constitution; Amendments V, and XIV and in 1970 Illinois State Constitution adopted some rights for due process.

Jury members play an important role in our American criminal justice system. Many criminal cases never make it to trial because plea agreements are arranged. The cases that do go to a trial are normally serious cases such as first degree murder, manslaughter, etc., which could either put someone in prison for a long time or even invoke the death penalty. Jury members have the ability to determine whether someone lives or dies. If someone has that much ability, it’s important that the jury members are picked wisely. The jury members should be unbiased and there should be diversity within the jury pool. The selection of jury pool has been an issue within the criminal just system, mainly because of the discrimination that takes place. One of the facts about jury discrimination that is largely undisputed is “the all-white jury has been a staple of the American criminal justice system for most of our history” (Delone, Spohin, &Walker, 2012). I agree, that the all-white jury has been a staple of the American criminal justice system for most of our history.

In considering the effectiveness of the jury system, it is first necessary to understand the roles of juries. Primarily, a jury is a body of legally unqualified citizens who agree on a verdict based on evidence

The jury in civil cases must decide liability of a both parties and set out the amount to compensate for damages incurred. Cases where juries can still be requested are defamation, false imprisonment, malicious prosecution, and fraud. Juries in criminal cases are situated in the Crown Court, they examine evidence presented by the prosecution, and in turn; produce a verdict as to whether the defendant is guilty, or not guilty. Jurors are selected at random by a computer, potential jurors are located on the electoral register. All jurors must be between the ages of 18 and 70 years old and have to be a resident of the United Kingdom for a minimum of 5 years. Each potential juror must not be disqualified or ineligible for duty.

When the case is ready for trial, we will select a jury. Both sides are permitted to have jurors answer a series of questions before deciding whether to approve a juror. The questions are designed to ensure the jurors do not have any prejudices or biases that prevent the juror from rendering an impartial verdict based on the facts presented in court.

Some issues that may come forth in a case is the access to one’s personal information as a juror since it can be publicly obtainable. As a result, this could impact a juror’s decision on the case because someone might have threatened him or his family and possibly a black mail scenario. Another issue that may arise is a biased jury. The court system has two methods to prevent this problem. The first is the Voir Dire process which is where juries are selected before trial and second is the peremptory challenges to weed out the jury with or without cause. However, there is a chance an individual will lie to be able keep his seat in the jury and this will cause friction in the final verdict as well as a wrongful

As we can see, due process has changed our justice system from hastily-prosecution to time consuming investigation of all the facts. We should stop pre-judging the accused person until all of the facts are made known unto us. Due process has given all accused citizens an equal opportunity to tell their story, and the right to question the evidence that was brought against them. Even though due process has guaranteed the accused person his or her right to be heard

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.

fairness in the judicial process of course, a jury alone does not guarantee a fair and impartial trial.