The Trial Of All Crimes Shall Be By Jury

945 Words Apr 26th, 2016 4 Pages
Trials provide the ultimate forum for vindicating the innocence of the accused or confirming the liability of the defendant. For that reason, the right to be tried by a jury of one’s peers is guaranteed in the Sixth and Seventh Amendment to the Constitution. It is stated in Article III, Section 2, of the Constitution that, “The trial of all crimes shall be by jury,” (Neubauer 341). The importance of juries’ introducing standards into the justice system has been associated with the concept of jury nullification (Neubauer 339). Jury nullification is the, “Right of juries to nullify or refuse to apply law in criminal cases despite facts that leave no reasonable doubt that the law was violated,” (Neubauer 374). The checks and balances system makes the judicial branch equal to the executive and legislative branches of government, therefore the system of checks and balances requires a strong judicial branch and subsequently, a strong jury trial option in order to check and distribute the power of the executive branch. (Why Jury Trials Are Important to a Democratic Society) “Just as pardon power is used by governors and the president, juries have the power to bring back acquittals,” (Silverman). The American system of government is built on the premise that divided government and separated powers are most protective of individual liberty. The civil jury further distributes the authority of the state, granting citizens direct substantial authority to resolve disputes among…

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