In this small research we shall try to analyze the advantages and disadvantages of the jury trial and describe further perspectives of using it in criminal cases. The trial by jury, then, gives to any and every individual the liberty, at any time, to disregard or resist any law whatever of the government, if he be willing to submit to the decision of a jury, the questions, whether the law be intrinsically just and obligatory?
It is fairly presumable that such a tribunal will agree to no conviction except Trial by jury essay as substantially the whole country would agree to, if they were present, taking part in the trial. If the government were not thus required Trial by jury essay 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 the government, the government, instead of being a mere servant and agent of the people, would be an absolute despot over the people.
And punishing a man by, or according to, the sentence or judgment of his peers, is only carrying that sentence or judgment into execution.
Its function is to protect from the worst excesses of Parliament. Constitutions are utterly worthless to restrain the tyranny of governments, unless it be understood that the people will, by force, compel the government to keep within the constitutional limits. This dependence of the judiciary and executive upon the legislature is a guaranty that they will always sanction and execute its laws, whether just or unjust.
It is supposed that, if twelve men be taken, by lot, from the mass of the people, without the possibility of any previous knowledge, choice, or selection of them, on the part of the government, the jury will be a fair epitome of "the country" at large, and not merely of the party or faction that sustain the measures of the government; that substantially all classes of opinions, prevailing among the people, will be represented in the jury; and especially that the opponents of the government, if the government have any opponents, will be represented there, as well as its friends; that the classes, who are oppressed by the laws of the government, if any are thus oppressed, will have their representatives in the jury, as well as those classes, who take sides with the oppressor - that is, with the government.
This charter, in its most essential features, and without any abatement as to the trial by jury, has since been confirmed more than thirty times; and the people of England have always had a traditionary idea that it was of some value as a guaranty against oppression.
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 moral conditions to improve the system and make it even more efficient.
So, also, in regard to other punishments than fines. The only legal requirement for a juror is that he knows the facts involved in case being tried. It was under these circumstances, that the Great Charter of Edition: But if they were included in it, they have now been long obsolete, and were such as neither this nor any future age will ever return to.
It has been questioned whether there is a need for a lengthy opening speech in a simple theft case? Disqualified persons are anyone who has been sentenced to 5 years or more in prison, once a criminal, always a criminal, and never a fit person to decide guilt.
If the government dictate the standard of trial, it of course dictates the results of the trial. Sometimes it was inserted in the laws, that they were made with the consent or advice of the bishops, barons, and others assembled; but often this was omitted.
Those sentenced to less than 5 years in prison, or a community service order are disqualified for 10 years from the date of completion of their sentence. It may not only prescribe who may, and who may not, be eligible to be drawn as jurors; but it may also question each person drawn as a juror, as to his sentiments in regard to the particular law involved in each trial, before suffering him to be sworn on the panel; and exclude him if he be found unfavorable to the maintenance of such a law.
A guide to the new procedures and sentencing. The idea is to take something likeinstances of crime away from the courts and into the realm of the fixed penalty.
To secure this right of the people to judge of their own liberties against the government, the jurors are taken, or must be, to make them lawful jurors, from the body of the people, by lot, or by some process that precludes any previous knowledge, choice, or selection of them, on the part of the government.
It can be exercised only periodically; and the tyranny must at least be borne until the time for suffrage comes. Jury verdicts are treated as pure fact.
If anything whatever could be dictated to them, either of law or evidence, the sentence would not be theirs, but would be dictated to them by the power that dictated to them the law or evidence.
Who ever heard that succeeding legislatures were, on the whole, more honest than those that preceded them? If that be the true principle of the trial by jury, the trial is utterly worthless as a security to liberty.Jury Trial In Malaysia A jury trial is a trial where a judge is helped by a jury which consists of several ordinary citizens whom are usually selected randomly and generally laymen.
Usually the jury box consists of 12 people that will judge regarding the facts of. The Jury System Essay Words 6 Pages The right to trial by jury in the modern times originates from twelfth century England during the reign of King Henry II.
- Jury Trial The history of jury trial dates back many centuries in which time the role and status of jury members have changed considerably as have the number and range of cases tried by the jury system. Jury Trial Analysis Essay Words | 4 Pages.
Jury Trial Analysis Fenisa Robinson CJA October 1, John Huskey Jury Trial Analysis In the United States of America, the criminal justice system is based on the.
Jury System Criminal The issue, under discussion is The historic decline of trial by Jury is to be welcomed. Trial by Jury serves no useful.
[tags: Trial by Jury ] Strong Essays words (4 pages) Essay about The Jury Of A Jury - The presence of a jury in our legal system today is to create a sense of democracy in our society, as the presence of a jury avoids the possibility of corruption, similar to the idea of separate power, it is to assure that no one has enough power to abuse.Download