Originally they were used for providing local knowledge and information and acted more as witnesses than decision makers. The document proved that the role of the jury trial should be revised and the system must be improved in order to provide fair judgments (Sanders Young, 2004). Criminal Justice history of the jury system essay (3rd.). As a result, the jury does help societys acceptance of judicial decisions. History of the Operating system 537 words - 2 pages e system they used was known as the batch processing system, it made a major mark in the history of the.
By such trials the government will determine its own powers over the people, instead of the peoples determining their own liberties against the government; and it will be an entire delusion to talk, as for centuries. The object of this trial by the country, or by the people, in preference to a trial by the government, is to guard against every species of oppression by the government. And it is of no consequence to inquire how a government came by this power to punish, whether by prescription, by inheritance, by usurpation, or by delegation of the people? That is the reason why we should view any attempt to limit its involvement with great caution and scepticism. What is such a jury good for, as a protection against the tyranny of the government! Critically analyse the advantages and disadvantages of the system 2010 words - 8 pages history of the jury system essay Jury selection is laid down in the Juries Act 1994. After reviewing the mentioned reports, Ive come to the conclusion that the jury trial is actually fair and efficient and has a 800 years story of success although it is strongly criticized for its drawbacks now. Thus, modern juries are the hybrids of various systems. In order to effect this end, it is indispensable that the people, or the country, judge and determine their own liberties against the government; instead of the governments judging of and determining its own powers over the people. The runaway jury 2459 words - 10 pages THE runaway jury By John Grisham Takes place in Biloxi, IN characters Nicholas Easter - (real name is Jeff Kerr) Juror that was a plant on the jury.
What is there in the nature of men or things to make them so? They are an integral part in the Australian justice system. By the 12th century, citizens were brought to court to decide on matters they had witnessed. The Value Of A Jury System 1651 words - 7 pages The Value of a Jury System The Founders of our nation understood that no idea was more central to our Bill of Rights - indeed, to government. Yes, I fully agree that there are serious problems concerning the jury structure, level of skills and knowledge, but I think the main argument for retaining the jury trial is that our country has all necessary social, political and. Let us stop on the main drawbacks of the jury trial and find out whether they are really so serious and can have an effect on the judgments fairness.
Section I, for more than six hundred years-that is, since Magna Carta, in 1215there has been no clearer principle. Today, that is not the history of the jury system essay case. They discuss the evidence, analyze the case, search for alternatives and as a result, come to a fair verdict. It literally brings representatives of the community, with their varying life experiences, occupations, and common sense, into a setting usually (perhaps too often) occupied exclusively by lawyers and judges bound up in legal principles and arguments and precedents and outcomes. All of these people apply common values and provide a barometer of public opinion. That is, it can dictate what evidence is admissible, and what inadmissible, and also what force or weight is to be given to the evidence admitted. (2004) Jurors Perceptions, Understanding, Confidence and Satisfaction in the Jury System: A Study in Six Courts. Neither is it of any avail to say, that, if the government abuse its power, and enact unjust and oppressive laws, the government may be changed by the influence of discussion, and the exercise of the right of suffrage (voting). The main advantages of the jury trial are: 1) as there are many persons who have different life experience, knowledge and position, greater part of the individual prejudices is likely to be cancelled out; 2) the jurors are likely. As we may see, these qualifications are quite narrow and many of the experts claim that these criteria should be broadened in order to ensure better quality of the juries, their better understanding of the trial process and better ability to judge independently. It was anciently called trial per pais-that is, trial by the country. History Of Jury Essay, Research Paper. The key lies in the humans consciousness and if people feel their responsibility for judging other people and are ready to learn in order to be more skilled and serve their society in a proper way,.
12 County Court Defamation, False Imprisonment, Malicious prosecution and any case alleging fraud Decide. Although for many people trial by jury seems to be the fairest and the most unbiased way of establishing the persons guilt or innocence, the practice shows that this method has many disadvantages and may cause serious concerns in the society. Do you hold any opinions upon the subject of the Fugitive Slave Law, so called, which will induce you to refuse to convict a person indicted under it, if the facts set forth in the indictment, and contesting. It describes juror 6 and the cons of the Jury System 942 words - 4 pages play "12 Angry Men" may be intended to show the glory of the United States jury system, the play also serves in showing many of its faults as well. The modern jury system was established during this time. In almost all the countries where jury system is practices, juries have been seen as the best tool for ensuring equity and empowering citizens to determine and play a role in justice. There are two answers to such an argument. About one third of the jurors feel uncomfortable in the courtroom, but at the same time, the study shows that 90 of people are satisfied with being a jury and realize the meaning and importance of this role. History of the Juvenile Justice System 3102 words - 12 pages This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. A similar was soon afterwards propounded to the persons drawn as jurors in the United States District Court for the District of Massachusetts, by Benjamin. To show that this supposition is not an extravagant one, it may be mentioned that courts have repeatedly questioned jurors to ascertain whether they were prejudiced against the government-that is, whether they were in favor. In short, if the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of the government; for there are no oppressions. Furthermore, the protocols established through common law nullify the possibility of bias being induced into jurors.
It hasnt always been this way. Trial by jury is a long tradition in our country. Section 2 The force and justice of the preceding argument cannot be evaded by saying that the government is chosen by the people; that, in theory, it represents the people; that it is designed to do the. As we know, according to the Juries Act 1974 there are several qualifications for people willing to serve as juries: 1) the person should be registered as a Parliamentary or local government elector; 2) the person. The research study by Matthews, Hancock and Briggs (2004) shows that most of the jurors feel very enthusiastic about their role in the trial process. These countries will be the issue of discussion in this paper. The only legal requirement for a juror is that he knows the facts involved in case being tried. The ways that each civilization over time controlled the people and carried out punishments are all.
Even if selected according to the rules, some of them are well educated and some are not; some are very responsible and some are not, some try to get better understanding of the case and the evidence. A group of people (typically twelve in number) when take an oath to give a verdict. Trial by jury was first introduced in the 12th century by king Henry II, who set up a system where twelve free independent people assigned to arbitrate the land disputes. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. By enacting the Fifth, Sixth, and Seventh Amendments to the Constitution, the. The question, then, between trial by jury, as thus described, and trial by the government, is simply a question between liberty and despotism. Modern Day Use of Juries Only a small percentage of cases are tried by Jury today. Juries are used in the following courts: Court Type of Case Role Number of Jury Crown Court Serious Criminal Cases:.g. The use of the translator makes the evidence unclear and often doesnt present it in a proper way.
Thus, juries might not be representative and competent enough to reflect what the society believes, since lawyers interfere with the legal system and undermine the integrity if the result (Adams 715).The jury selections process is designed to help to select jury. This essay would include also the consideration of public opinion and concerns justifying the use of juries in criminal trials. The Jury System And Democracy Essay 1115 words - 5 pages This essay will explain how the jury system and democracy are interrelated. According to Abramson (1994 the only way an ordinary citizen participates in government and injects community values in the administration of justice is through the jury system. A jury like that is palpably nothing but a mere tool of oppression in the hands of the government. At its heart, the jury represents society, and the prevailing views in society, about what sorts of conduct should be penalized and what ought not. It is obvious to me that the education level of these people is comparatively low and I hardly believe that they have enough knowledge to get into the details of the trial process. The authority to judge what are the powers of the government, and what are the liberties of the people, must necessarily be vested in one or the other of the parties themselves-the government, or the people; because. Hirshel,., Wakefield,., Sasse,.
Unless they judge on this point, they do nothing to protect their liberties against the oppressions that are capable of being practiced under cover of a corrupt exposition of the laws. One fault of the jury system is actually the main basis for the jury system, twelve randomly chosen people being chosen to decide on the innocence of a man on trial. Different sets and types of laws can be linked to different government systems. But for their right to judge the law, and the justice of the law, juries would be no protection to an accused person, even as to matters Of fact; for, if the government can dictate. The dearest birthright of the people of England: The jury in the history of the Common Law. The jury trial really remains the most essential protection of individual liberty and freedom. The ineligible persons include past and present members of the judiciary, other people who have been concerned with the administration of justice, the clergy and mentally ill people. The jury are also to judge whether the laws are rightly expounded to them by the court. The trial judge would not accept the not guilty verdict and ordered the jurors to resume their deliberations without food or drink. On appeal, the Court of Common Pleas ordered the release of the jurors holding that jurors could not be punished for their verdict - This established that the jury were the sole arbiters of fact and the judge could not challenge their decision. However, this process changed later when evidence of witnesses began to appear before them. Unless they judge on this point, the people are liable to have their liberties taken from them by brute force, without any law at all. If, on the other hand, that authority be vested in the people, then the people have all liberties, (as against the government except such as substantially the whole people (through a jury) choose to disclaim; and the government can exercise.
This was further expanded on. It would have all power in its own hands; because the power to punish carries all other powers with. If it have now but got it, the government is absolute. The qualification rules for the jurors are also often criticized. However, Thomas agrees that there are serious race disproportions in the jury structure and the ethnic minorities are under-represented. It may not only prescribe who may, and who may not, be eligible history of the jury system essay to be drawn as jurors; but is may also question each person drawn as a juror, as to his sentiments in regard to the particular law. But my opinion is that the main problems are caused not by these qualifications, rules or governmental restrictions. The second will be exposed to the same temptations as the first, and will be just as likely to prove tyrannical. Criminal justice in England and the United States. Or when did a government fail to determine that all its acts were within the constitutional and authorized limits of its power, if it were permitted to determine that question for itself.
The jury returned with a verdict of guilty but the defendants conviction was quashed on appeal because of the judges interference. And there is no more absurdity or inconsistency in making a jury one of these several tribunals, than there is in making the representatives, or t e senate, or the executive, or the judges, one of them. Rankin Fitch - Ran the show of high-priced lawyers and. Suffrage is equally powerless and unreliable. The second body of legislators are liable and likely to be just as tyrannical as the first. A research by Cheryl Thomas (2010) shows that some of the problems concerning the jury trial are obviously exaggerated. As a conclusion, I would like to cite a famous journalist Charles Davison, who thinks that At its most basic though, the value of a jury is that it is democratic. The reason of this question was, that the Fugitive Slave Law, so called, was so obnoxious to a large portion of the people, as to render a conviction under it hopeless, if the jurors were taken indiscriminately from among the people. Curtis, one of the Justices of the Supreme Court of the United States, in impaneling a jury for the trial of the aforesaid Morris on the charge before mentioned; and those who did not answer the question favorably for. If the judiciary can authoritatively dictate to a jury any exposition of the law, they can dictate to them the law itself, and such laws as they please; because laws are, in practice, one thing or another, according as they are expounded. History of the Universal Decimal Classification System 1845 words - 7 pages By definition, the Universal Decimal Classification (UDC) is an indexing and retrieval language in the form of a classification for the whole of recorded knowledge,.
One of these clauses reads; No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way. So, also, if the government may dictate to the jury what laws they are to enforce, it is no longer a trial by the country, but a trial by the government; because the jury then try the accused. This report presented the main drawbacks of the existing trial system poor ethnic minority representation, lack of experienced jurors who represent different social layers and the game character of the trial process, where the truth is not so important as victory (Davies., 2010). Caldough, it was established that, any communications with jurors are to be considered an interference with justice (Granger, 157). It is plain, therefore, that if the people have invested the government with power to make laws that absolutely bind the people, and to punish the people for transgressing those laws, the people have surrendered their liberties unreservedly into the hands of the government. The main argument here lies in two most essential disadvantages of the trial by jury its enormous expensiveness and long periods of time to be held. Nevertheless, this study proves that about 30 of the jurors are not well educated (have no degree) and 40 of them have poor knowledge of the court process. While it is proven that there are reasonable alternatives to a jury trial and that there is no doubt that jury trial is both time consuming and expensive when compared with trial by magistrates or by a judge. It is manifest, therefore, that the jury must judge of and try the whole case, and every part and parcel of the case, free of any dictation or authority on the part of the government. Today, many countries such as Britain, United States, Brazil, Canada, Japan, Australia, France, German, India, and so on practice jury trials.
In this system.individual litigants play a central part, initiating court action and largely. The statistics show that trial by jury history of the jury system essay is actually very rare. Many jurors encounter complicated problems far beyond their training and experience. Who ever heard that succeeding legislatures were, on the whole, more honest than those that preceded them? At the same time, Thomas writes that some local demographical peculiarities can have an effect on the judgment, but these effects are considered to be relatively small. After the complete establishment of the jury trial it operated without any remarkable changes, but at the end of the 20th century the public attention was drawn again to the problems connected with jury reliability, rationality, experience and bias.
Discussions, which do not interfere with the enforcement of their laws, are but idle wind to them. If the government were not thus required to submit their enactments to the judgment of the country, before executing them upon individuals-if, in other words, the people had reserved to themselves no veto upon the acts of government, the. But not only these restrictions make the access to jury trial very complicated. But the jurors are not only unskilled and inexperienced, history of the jury system essay they often disregard logic presented by the lawyers because of their prejudices, past experience or moral sentiment. London: Home Office Online Report. It is of no avail to say, in answer to this view of the case, that in surrendering their liberties into the hands of government, the people took an oath from the government, that it would exercise its power within. If it be said that the second body may be chosen for their integrity, the answer is, that the first were chosen for that very reason, and yet proved tyrants. However, despite colonial influence, judicial systems across the world have taken their own way. The purpose of this paper is to examine the scope and role of the democratic values of the jury system as an organ of justice, both in common and civil legal systems. By the middle of the 15th Century, juries had become independent assessors and assumed their modern role as deciders of fact.
This system is mainly adapted among the Hindu society in India, which is divided into four varnas. Essay: The Trial by Jury Should it be Retained? And now, in every criminal trial, the jury are told that the accused has, for trial, put himself upon the country; which country you (the jury) are. If the government dictate the standard of trial, it of course dictates the results of the trial. No, these problems lie in the human nature and in the fact that the jurors are subject to human errors. Many of the jurors do not know the laws and procedures and remain uninvolved in the trial process. This judge caused the following question to be propounded history of the jury system essay to all the jurors separately; and those who answered unfavorably for- the purposes of government, were excluded from the panel. This is an essay about "12 Angry Men by Reginald Rose. 1875 words - 8 pages a result of this research, lawyers understand what types of jurors are preferable and will strike down those unfavorable prospective jurors in a stereotypical manner.
These problems make the jury trial extremely inconvenient and exhausting both for the defendant and the jurors as history of the jury system essay they are ordinary people who have to spend lot of their time getting through the court procedures and participating in the trial process. It was cherished not only as a bulwark against tyranny but also as an essential means of educating Americans in the habits and duties of citizenship. (2010) Criminal Justice: An Introduction to the Criminal Justice System in England and Wales (Third Edition) London: Pearson-Longman (Chapter 10). Oxford: Oxford University Press (Chap.10: Trial by Judge and Jury). 3565 WordsApr 20, 201315 Pages, history of the Jury System Juries have been used in the legal system for over 1000 years. Subsequently, the use of juries increased, and defendants.