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Jury Process

Through the eighteenth century there was the view the juries "could ignore judges, juries had the right to decide questions of the law as well as facts, unlike today were juries just decide facts and the judges decide the law (30). In essence these juries were basically deciding the law. In this time juries provided the best available avenues for community control over the laws application. There was a time when criminal jury trials were not protected by the constitution. So the constitution had to be amended to include a bill of rights. On September 24, the House proposed the language of the future sixth amendment, which would read:.
             [In criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law](35). This is something that both sides of debate could accept.
             Soon there began a shift from the local jury. Impartiality became more important which the biases of local jurors who were too familiar with the parties and the case seemed impossible. The idea became more and more that a local person could have already made up his mind before the trial began. Also the jury lost its historic right to decide questions of the law as well as facts (37). So the local knowledge model began to give way to the impartial juror ideal. Today contemporary law has added the concept of inherent, or presumed, bias as a way of disqualifying jurors (47). This concept came into law in the 1960's as a reaction to the fears about televisions power to control local opinion. Back then the idea was an impartial mind was an empty mind and having these outside influences was making it difficult for a juror to be considered impartial. It got to the point where they wanted jurors who weren't in tune with everyday life. The Supreme Court slowly began to shift on the idea that the media necessarily prejudiced jurors.


Essays Related to Jury Process

1. The Right to an Impartial Jury

Briefly, we will suggest an alternative process to this time honored procedure. ... Briefly, we will suggest an alternative process to this time honored procedure. ... Our current process is to select a jury of six to twelve people from a jury pool. ... I like this process it appears has worked so far for America. ... Shelton surveyed 1,000 jurors prior to their participation in trial processes. ...

  • Word Count: 1709
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: High School

2. The Right To A Free Trial

Throughout this essay, a comparison of a real jury, a simulated jury, and Hollywood's perception of a jury will be discussed. The television special, Inside the Jury Room, showed a videotaping of a real life jury as seen in a small criminal courtroom. ... In the past, juries only admitted white males, as in 12 Angry Men. ... One major problem in having average citizens making such important, even life threatening decisions, is that often jurors do not understand how significant of a role they are playing in the process. During Inside the Jury Room, due to Leroy's retardation, t...

  • Word Count: 1518
  • Approx Pages: 6
  • Grade Level: High School

3. Jury Selection

While there have been cases, such a those studied for this course where juries of non-peers have decided in favor of a plaintiff or defendant with respect to upholding, defining, applying, and confirming equal and civil rights, it has been a slow and arduous process. ... How can we select an ethnically representative jury without submitting prejudice into the process? ... Doesn't this practice in and of itself create a biased jury, comprised of people who may make their decision based on the process rather than the case itself? Through a jury selection process that ensures an impart...

  • Word Count: 743
  • Approx Pages: 3
  • Grade Level: Undergraduate

4. Jury Nullification

To a simple person their being asked to add to the legal process is because of the unique consciences and principles that he/she would bring to the table, otherwise "Why would they bother me to do it?" ... The message received after one takes part in the jury process is that the people are simply being allowed to partake in the legal process instead of taking an active role in shaping law and legislature. ... Aside from the possible constraints that arise from a non-nullification instruction there are some real opportunities for an improved relationship between the people and the law if juries...

  • Word Count: 1723
  • Approx Pages: 7

5. Juries

It has been declared by many academics that random jury selection will never 'guarantee a representative jury'. ... From the resulting list the jury panel is produced. ... The judge then sums up to the jury. ... The latter case is known as a hung jury. ... Before the Jury attends the court a process called Jury Vetting takes place. ...

  • Word Count: 4452
  • Approx Pages: 18
  • Grade Level: Undergraduate

6. Jury Nullification

Jury Nullification Democracy in Action Men do not make laws. ... A Brief History of Jury Nullification Jury nullification dates as far back as the Magna Carte, in 1215. ... In fact the FIJA views jury nullification not only as a right, but also as a duty of the jury. ... John 10) The most common reason that legislation on jury nullification is opposed is a fear that any sign of approval from the judge will eventually lead to frequent use of jury nullification and subsequently result in a chaotic and arbitrary judicial process. Although studies have shown that a nullification ...

  • Word Count: 2789
  • Approx Pages: 11
  • Has Bibliography

7. A Trial By Jury

The book A Trial by Jury written by D. Graham Burnett gives an intimate look into the jury while painting a vivid picture of what really goes on while a person is serving on jury duty. ... The book goes to on to show in the very beginning with how the jury was weaned down to the twelve of them to the very end of the process when they jurors were trying to reach a verdict. The book opens the eyes of many people like me who have not been called for jury duty. ... I think A Trail by Jury by D. ...

  • Word Count: 618
  • Approx Pages: 2
  • Grade Level: High School

8. the american jury

The American Jury This year more than 5 million American citizens will be called to service on a jury in their community. ... This once popular description of the jury is long out of date. ... And of course jury service is no longer solely a male privilege. ... Racial discrimination in the jury selection process was made a criminal offense in the Civil Rights Act of 1875. But the practice of excluding minorities from juries persisted. ...

  • Word Count: 1074
  • Approx Pages: 4

9. Analysis of Jury

Introduction - Relevant history & Business environment The heritage of the Jurys group can be traced back to 1881, when William Jury opened his first boarding house in Dublin. ... In April 2002, Jurys Doyle Hotel Group plc announced three new Jurys Inn developments in the UK. ... Work on our Jurys Inn Newcastle is going very well, and plans for our Jurys Boston Hotel are also on schedule for a planned opening in early 2004. ... Jurys paid IP187.6 million (US$254 million) in cash and stock for Doyle, and in the process, Jurys has gained several landmark Dublin hotels and a presence in the U...

  • Word Count: 5218
  • Approx Pages: 21
  • Has Bibliography
  • Grade Level: High School

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