an essay on the trial by jury

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An essay on the trial by jury offset printing press operator resume

An essay on the trial by jury

Other typical law legal jurisdictions use jury trials just in an extremely choose class of cases. They are all signed up voters and are resident people of the country. In many common law jurisdictions, the jury is responsible for discovering the realities of the case, while the judge determines the law. Am telling you man this writer is absolutely the best.

Generally, the jury only judges guilt or a decision of not guilty, however the real penalty is set by the judge. In countries where jury trials are typical, juries are frequently viewed as an important check against state power. Other common assertions about the advantages of trial by jury is that it provides a way of interjecting community norms and worths into judicial procedures which it legitimizes the law by supplying chances for citizens to confirm criminal statutes in their application to particular trials.

Many also believe that a jury is likely to provide a more sympathetic hearing, or a fairer one, to a party who is not part of the government — or other establishment interest — than would representatives of the state. This last point may be disputed. For example, in highly emotional cases, such as child rape, the jury may be tempted to convict based on personal feelings rather than on conviction beyond reasonable doubt.

Another issue with jury trials is the potential for jurors to be swayed by prejudice, including racial considerations. An infamous case was the trial in the Rodney King case in California, in which white police officers were acquitted of excessive force in the violent beating of a black man by a jury consisting mostly of whites without any black jurors. Jury trials in multi-cultural countries with a history of ethnic tensions may be problematic, and lead to juries being unduly biased and partial.

This is one of the reasons why both India and Pakistan abolished jury trials soon after independence. Could freely choose whether to have a jury or trial by judges, The fact that juries do not often have to give a reason for their verdict is also criticized, since opponents argue it is unfair for a person to be deprived of life, liberty or property without being told why it is being done so. Pros and Cons of Trial by Jury.

Accessed July 19, Download paper. Essay, Pages 3 words. Turn in your highest-quality paper Get a qualified writer to help you with. Get quality help now. Verified writer. Proficient in: Crime. So the main advantages of the common law system is that it is consistent, adaptive, equal and independent. That is, to minimize the potential penalty.

Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties. However, going to trial can be risky because it is impossible to predict what a jury will decide. Therefore, many defendants choose to enter a plea bargain agreement with the prosecution.

For one thing, defendants that use plea bargaining can evade the expenses and the time of defending himself or herself at a trail, as well as get around risking a worse sentence and the bad exposure that could cause. In addition, the prosecution also saves time and money by avoiding a long, drawn out trial, and both of the sides do not have to stress about going to the trail.

It does not matter which side instigates the plea bargain, whether it be the prosecutor or the defendant, but both sides to have to completely agree with each other before something occurs out of that plea bargain. Because of the circumstances, I believe that justice was served. The victims will be compensated for counseling based on what Fogle did, and Fogle will serve his.

You don 't have to make yourself look guilty. The government can 't take away anyone 's life freedom for property without following steps to give them a fair chance. Also private property can 't be taken by the government without paying fair price for the property. The six amendment what 's the accused have the right to a speedy trial.

By fair Jury, the trial must take place in the county the crime took place. You mentioned in your post that whether the defendant is guilty or not, if they are violated by an officer then the violation needs to be put to light. What are some consequences for the defense attorney if he is caught not bringing evidence that could alter a trial to court?

RICO has led to revitalizing the interest in civil punishment. RICO has advanced the understanding of crime in criminal occupations and has been able to advance their knowledge of illegal behavior. I also believe that in order for someone to be indicted under the RICO act they must have knowledge of crimes they are committing.

In order for the defendant to be liable he or she should have mens rea to establish that the crime committed was thought out. This is important because if the defendant had no knowledge of a connection with any sort of conspiracy they cannot be considered as a conspirator.

This essay will briefly discuss the role of the jury and how it works, from the principle behind it, to the method with which members are selected, and to the powers available to jurors. Moreover, it will outline advantages and disadvantages of trial by jury, and it will point out a couple of ways which could ameliorate this type of trial.

Trial by jury has been a part of the criminal justice system since the 12th century Davies, , it is considered an ancient right and a symbol of liberty Hostettler, It creates no precedent and it can decide challenging cases equitably without making bad law, it also brings members of the public into the administration of justice and into an understanding of legal and human rights Hostettler, …show more content… In this paragraph, the advantages and disadvantages of trial by jury will be discussed.

The main advantages are that juries introduce community values into the legal process and can influence the system Joyce, ; they can achieve a sense of equity and fairness without enforcing unjust laws; in addition, juries are independent and neutral Davies, Moreover, they guarantee participation from the public in a democratic institution Hostettler, , and represent the population thanks to the randomness with which jurors are decided Davies, On the other hand, the most important disadvantages are that jurors have no prior contact with the courts, no training Hostettler, and therefore they lack knowledge of law, courtroom proceedings Joyce, , and lack of ability to understand the legal directions Thomas, Moreover, they must face evidence which is highly technical Hostettler, They have to decide important matters, verdicts, without giving reasons about their decision Hostettler, ; they can nullify a verdict even if the evidence is overwhelming Joyce, Furthermore, juries are too expensive, prolong the length of the trial Davies, and the guilty can walk free, while the innocent is convicted Joyce, In addition, jurors should be representative of society, but it is not …show more content… Moreover, the ability to make objective judgments could be enhanced, for instance by questioning witnesses Joyce, In conclusion, the judge should be able to overturn acquittal when jury nullifies, in order to ensure that the innocent is not convicted and the guilty is not acquitted Hostettler,.

Show More. Advantages Of The 7th Amendment Words 3 Pages Despite the fact that the 7th amendment is among the lesser known amendments, it created vital rules for the civil courts and emphasizes the supremacy of the court decisions. Read More.

Plea Bargaining In Criminal Justice Words 7 Pages Innocent defendants who are risk averse cannot be willing to risk going to trial and receiving harsh sentences and instead choose to plead guilty to ensure the receive lenient sentences. Appellant Jewell Case Study Words 2 Pages ISSUE: Should Appellant Jewell have been convicted of possessing a controlled substance despite no positive knowledge of such possession, where Appellant had a conscious purpose to avoid learning the truth?

Wade V. Conviction Case Study Words 4 Pages The Court noted that future regulation of pretrial stages with the adoption of police codes and other safeguards of fairness might render a stage not critical and vitiate the constitutional need for counsel. Examples Of Jury Nullification Words 2 Pages Many jury instructions on the issue of the burden of proof invite nullification arguments. Sixth Amendment Reflection Words 2 Pages The court system is needed for balance and constancy of enforcing the laws.

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Could freely choose whether to have a jury or trial by judges, The fact that juries do not often have to give a reason for their verdict is also criticized, since opponents argue it is unfair for a person to be deprived of life, liberty or property without being told why it is being done so.

Pros and Cons of Trial by Jury. Accessed July 19, Download paper. Essay, Pages 3 words. Turn in your highest-quality paper Get a qualified writer to help you with. Get quality help now. Verified writer. Proficient in: Crime. Deadline: 10 days left. Number of pages. Email Invalid email. Cite this page Pros and Cons of Trial by Jury.

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We'll not send you spam or irrelevant messages. Please indicate where to send you the sample. Your sample has been sent. It is also possible to receive a specific jury instruction on nullification, though most judges simply avoid the topic and do not tell jurors of their power to judge the fairness of the law and how it is applied as well as to judge the facts of a case.

This will ensure that film rating as a whole will always have a fresh perspective. One argument against this notion is that it makes the MPAA a red state or blue state issue and politicizes film ratings. This is a non-political position and is nearly universal. The court system is needed for balance and constancy of enforcing the laws. The judge makes sure the sentence fits the crime; consequently, some decision may or may not be favorable for the.

Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law The law is meant to provide justice to people. So the main advantages of the common law system is that it is consistent, adaptive, equal and independent. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties.

However, going to trial can be risky because it is impossible to predict what a jury will decide. Therefore, many defendants choose to enter a plea bargain agreement with the prosecution. For one thing, defendants that use plea bargaining can evade the expenses and the time of defending himself or herself at a trail, as well as get around risking a worse sentence and the bad exposure that could cause.

In addition, the prosecution also saves time and money by avoiding a long, drawn out trial, and both of the sides do not have to stress about going to the trail. It does not matter which side instigates the plea bargain, whether it be the prosecutor or the defendant, but both sides to have to completely agree with each other before something occurs out of that plea bargain.

Because of the circumstances, I believe that justice was served. The victims will be compensated for counseling based on what Fogle did, and Fogle will serve his. You don 't have to make yourself look guilty. The government can 't take away anyone 's life freedom for property without following steps to give them a fair chance. Also private property can 't be taken by the government without paying fair price for the property.

The six amendment what 's the accused have the right to a speedy trial. By fair Jury, the trial must take place in the county the crime took place. You mentioned in your post that whether the defendant is guilty or not, if they are violated by an officer then the violation needs to be put to light.

What are some consequences for the defense attorney if he is caught not bringing evidence that could alter a trial to court? RICO has led to revitalizing the interest in civil punishment. RICO has advanced the understanding of crime in criminal occupations and has been able to advance their knowledge of illegal behavior.

I also believe that in order for someone to be indicted under the RICO act they must have knowledge of crimes they are committing. In order for the defendant to be liable he or she should have mens rea to establish that the crime committed was thought out. This is important because if the defendant had no knowledge of a connection with any sort of conspiracy they cannot be considered as a conspirator.

This essay will briefly discuss the role of the jury and how it works, from the principle behind it, to the method with which members are selected, and to the powers available to jurors. Moreover, it will outline advantages and disadvantages of trial by jury, and it will point out a couple of ways which could ameliorate this type of trial. Trial by jury has been a part of the criminal justice system since the 12th century Davies, , it is considered an ancient right and a symbol of liberty Hostettler, It creates no precedent and it can decide challenging cases equitably without making bad law, it also brings members of the public into the administration of justice and into an understanding of legal and human rights Hostettler, …show more content… In this paragraph, the advantages and disadvantages of trial by jury will be discussed.

The main advantages are that juries introduce community values into the legal process and can influence the system Joyce, ; they can achieve a sense of equity and fairness without enforcing unjust laws; in addition, juries are independent and neutral Davies, Moreover, they guarantee participation from the public in a democratic institution Hostettler, , and represent the population thanks to the randomness with which jurors are decided Davies, On the other hand, the most important disadvantages are that jurors have no prior contact with the courts, no training Hostettler, and therefore they lack knowledge of law, courtroom proceedings Joyce, , and lack of ability to understand the legal directions Thomas, Moreover, they must face evidence which is highly technical Hostettler, They have to decide important matters, verdicts, without giving reasons about their decision Hostettler, ; they can nullify a verdict even if the evidence is overwhelming Joyce, Furthermore, juries are too expensive, prolong the length of the trial Davies, and the guilty can walk free, while the innocent is convicted Joyce, In addition, jurors should be representative of society, but it is not …show more content… Moreover, the ability to make objective judgments could be enhanced, for instance by questioning witnesses Joyce, In conclusion, the judge should be able to overturn acquittal when jury nullifies, in order to ensure that the innocent is not convicted and the guilty is not acquitted Hostettler,.

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