The Value of a Jury System - 1663 Words

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 of the people, by the people, and for the people -- than the citizen jury. 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. By enacting the Fifth, Sixth, and Seventh Amendments to the Constitution, the Framers sought to install the right to trial by jury as a cornerstone of a free society. The Framers of the Constitution felt that juries -- because they were composed of ordinary citizens and because they owed no financial allegiance to the government -- were indispensable to thwarting the†¦show more content†¦Tocqueville keenly understood these linkages: The jury system as understood in America seems to me to be as direct and extreme a consequence of the . . . sovereignty of the people as universal suffrage. They are both equally powerful means of making the majority prevail. The jury is above all a political institution [and] should be made to harmonize with the other laws establishing the sovereignty . For society to be governed in a settled and uniform manner, it is essential that the jury lists should expand or shrink with the lists of voters . [In general] in America all citizens who are electors have the right to be jurors. We have come to think of voting as the quintessential act of democratic participation. Historically, the role of the people in serving on juries was often likened to the role of voters selecting legislative bodies, and even to the role of legislators themselves. Indeed, the jury s place in the judicial framework was closely related to the idea of bicameralism: Just as the legislature comprised two equal branches, an upper and a lower, juries and judges constituted the lower and upper branches, respectively, of the judicial department. The Supreme Court has reinforced the linkage of jury service and voting as part of a package of political rights. For example, in a 1991 case challenging race-based exclusions in jury selection, Justice Anthony Kennedy observed in his majority opinion that with theShow MoreRelatedEssay on The Value Of A Jury System1630 Words   |  7 PagesThe 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 of the people, by the people, and for the people -- than the citizen jury. 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. By enacting the Fifth, Sixth, and Seventh Amendments to the Constitution, the Framers sought to install the right to trial by jury asRead MoreEffectiveness of a Jury Essay1313 Words   |  6 PagesEvaluate the effectiveness of the jury system in the criminal trial 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 rightsRead MoreThe Jury System Should Be Scrapped For Criminal Trials1244 Words   |  5 Pagesâ€Å"THE JURY SYSTEM SHOULD BE SCRAPPED FOR CRIMINAL TRIALS IN NSW† Through various analytical investigations and research, it can be proposed â€Å"the jury system should be scraped for criminal trials in NSW†. As jurors are incapable of apprehensively comprehending evidence and are vulnerable to being biased by their personal prejudices and excessive media publicity. Correspondingly, many fall victim of escaping trials due to their elongated processes. Conversely, many dispute in contradiction suggestingRead MoreThe Jury System And The Criminal Justice Process1639 Words   |  7 Pages Jury duty is lampooned frequently in the popular culture as being a dreadfully boring waste of time and energy that keeps us all away from the more important things in life such as family, work, and getting drunk. Indeed, most of the time, juries see cases that are often dull and certain. Unfortunately, not all cases can be high profile, riveting murder cases that Nancy Grace can shrill on and on about for months on end. Perhaps worst of all, it is something that we are forced to do, and AmericansRead MoreComparative Analysis Of The American And Nigerian Adjudicatory Processes Essay1708 Words   |  7 PagesCOMPARATIVE ANALYSIS OF THE AMERICAN AND NIGERIAN ADJUDICATORY PROCESSES. BY: OMOLAJA, OLUWADARA ILUYOMADE EYITOMI. I. INTRODUCTION 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 employRead MoreThe Jury System and Democracy879 Words   |  4 Pages This essay will explain how the jury system and democracy are interrelated. It should also be considered whether juries are intended to be, or indeed whether it is possible to describe and define what the public conscience could be. This essay would include also the consideration of public opinion and concerns justifying the use of juries in criminal trials. A group of people (typically twelve in number) when take an oath to give a verdict in a legal case by analysing all submitted evidenceRead MoreThe Importance of the Jury System1366 Words   |  6 PagesJasvinder Singh Mrs. Chaudhry CLU3M0A January 8, 2011 The Importance of the Jury System The purpose of law is to define behavior and conduct that is acceptable in a society. â€Å"Obedience of the law is demanded; not asked as a favor,†(1) was said by Theodore Rosevelt in regards to how important the law is to a country. This is to ensure that people of a society are living in a place where they are free of fear, and able to reside in peace. Crime can be found throughout that world and is an unfortunateRead MoreJury System1256 Words   |  6 PagesThe Jury System CLU 3M1 By: Khalil Meghji The jury system has been used for thousands of years to fairly determine innocence or guilt in a trial. Although not utilized as much as in the past it is still used for most criminal and some civil cases. This leads to an unjust legal system full of bias. The jury system was first seen in use by the ancient Greeks thousands of years ago[1]. Though the system was the fairestRead MoreAn Impartial Jury On Criminal Prosecutions1694 Words   |  7 Pagesimpartial jury during criminal prosecutions. Beginning in the mid-19th century, a jury was given the full responsibility to decide on the facts of the case (Sparf and Hansen v. United States), leaving the jury with the authority of determining whether a defendant is guilty or innocent of the charges placed upon him/her and the judge with the authority of determining the law (Lippman, p.279). This juries the jurisdiction of ultimate adjudication without court interference when deliberating. Jury nullificationRead MoreJuries in NSW Essay62 5 Words   |  3 PagesJuries 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. However, the jury system is still very important to the justice system. The role of the jury in NSW A jury is a group of people from the community with all sorts of backgrounds, beliefs, religions, education levels and ages, who listens to the