In the U.S. our system is formulated by various means to construct tweleve fair and unbiased jurors. Whom acording to our text, hypothetically decide cases based on “burden of proof and reasonable doubt.” These individuals listen and take into account the evidence and testimoneys of witnesses appointed by both the prosecution and defense through the duration of the trial. Though many make a preliminary decision based on the opening statements. Once trial has commenced the jury is dissmissed to the deliberation room. Where disscussion about the elements of the case and the defendents specific actions begin, but jurors usually vote as soon as they retire to jury room and the orginal vote wins the majority of the time. Allowing their own …show more content…
This was before more facts and evidence were indepthly conveyed. Therefore, I would change my vote due to Henry Fonda’s agrument of “possible but not plausible.” I particually based my decsion on the diagram of the apartment floor plan along with the lady’s statement of hearing a scream during the passing of a L-train. These two I believe prove reasonable doubt. Regarding the film and how I view jurors and the system is diffcult to say. I’ve never been on a jury, but I believe its diffucult to sit aside your own views and look at a cases fairly. Thats why is cruical for the prosectuion to present evidence and testimoneys that leave no room for reasonable doubt. I also believe our system works best based on the courtroom actors, and chances for the defense to appel the verdict. However, the thought its still intemidating to think if I were on trial and were innocent i’d be left up to tweleve individuals to decide wheater or not I was. In conclusion, I really enjoyed the film. I have even considered buying the film. Henry Fonda’s role as a dissenting juror in a murder trial slowly manageing to convince the others that the case is not as obviously clear as it seemed in court was supurb. Taking film as a course, made me enjoy the film even more because I paid close attention to the film making aspects also. Filming in one room, for partcality the whole movie was noteablly stressful for the actors, who on screen proformace of yelling
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 rights of the accused and society and remain cost and time effective.
Juries are embedded in the foundation of America. Preceding the revolution, trials were dictated solely by judges, which led to flawed rulings. After numerous taxes were passed in court in the colonist’s favor, the American Revolution had its start, and would continue until the United States became a recognized nation. In this nation, a right to trial by jury was granted and protected by the Constitution. The significance of this decision is seen in the courtroom, where the people’s vote is what stands between the government.
During jury selection, potential jurors are interviewed then chosen or eliminated from the jury. The initial selection of potential jurors is completely random; citizens get “jury Duty” notices on a random basis. The screening of the jury selection is conducted by both the prosecution and the defense, and is overviewed by the judge on the case. During the interview, citizens are asked a number of strategic questions to ensure that they are not in any way bias for or against the defendant or case. The questions also eliminate those who have any connection to the case, in any way. It is during this interview that the lawyers on the case can voice their concerns regarding biased jurors.
Juries allow and force the public to have a personal knowledge of court proceedings, protect against the bias of a single person, and provide the public with certainty that there is not corruption in our judicial system. No human system of justice is perfect, but I believe that what Benjamin Franklin said regarding the Constitution also applies to our jury system, “It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does” (Benjamin Franklin to the Federal Convention).
In the Canadian Charters of Rights and Freedoms (1982) under section 11, it is stated that a person that has been charged with a criminal offence, has the right to a trial by jury. For many years jury trials have been under constant criticism in regards to the jury’s inability to adequately perform the responsibilities entrusted to them. Many studies have been performed looking into the jury selection process, jury bias, pre-trial publicity exposure and attitudes/personality of a juror, in order to increase the jury’s abilities to perform their responsibilities to present a fair trial. In the case People v. Weatherton (2014), the inappropriate behaviour of a jury member lead to a legal dispute regarding the final verdict. This behaviour lead to a lengthy investigation with the final decision, made by the Supreme Court of California, to reverse the guilty verdict. As a member of the jury, it is important to understand the responsibilities one must uphold while deciding whether a person is guilty or not guilty.
There are two very strong opinions towards jurors here in the United States. The first group have the people who believe that jury nullification is vital to our legal system to allow the average American to have their voice heard through the legal system, like Americans did with Prohibition. I would call this side the John Adams side of the debate, putting faith within our legal system and citizens. Adams once said that jurors are obligated to vote grounded on their “own best understanding, judgment and conscience, though in direct opposition to the direction of the court.” This is a country for the people and by the people and for that to be true, jury nullification is needed especially when America has a history of using courtrooms as a social issue playground. Many people would find this side favorable because it aligns with many different moral theories.
Also prior to the trial, a jury of 6 to 12 people must be selected. Each jury member must go through a screening process to ensure that they have no connection to the trial, or any preconceived opinion of it that could keep them from being impartial to either side. A juror can be removed if they have any connection to the trial, and the defense
The Selection and Role of a Jury in a Criminal Trial This assignment focuses on how a jury is selected and its role in a
A jury 's decision can be invalidated if it can be shown that a juror was biased. For this reason, a juror is not allowed to communicate with friends, relatives or members of the media about the trial. Such action would be a violation of the 7th Amendment.
In a trial by jury, the judge and jury hear the case. The way in which juries are and operate is governed by the Jury Act 1977 (NSW). The adversarial system ensured that just outcomes would be achieved within the jury system through the Jury Amendment Act 2006 (NSW) as this changed the juries verdict from unanimous to majority. Despite there being arguments that suggest majority verdicts compromise the standard of proof ‘beyond reasonable doubt’, in that there is one juror who had doubt, the jury system ultimately achieves just outcomes for all parties involved as to date there have been no reported cases of injustices occurring as a result of it. These beliefs are reflected through the “Independent Juries” (SMH, 2001) as this article said that most jurors are able to understand the duty that they must perform and also that there should be no doubt that the media may influence the juries decision.
The current jury system in America is unfortunately corrupt because of unprofessional jurors that are the deciding factor for cases. The “jury of our peers” system does not promote fair justice and it should be replaced with a new system of professional jurors. The current system allows random, unqualified individuals to make irresponsible decisions for our government. If unqualified jurors were replaced with professional jurors, our system would become successful. A professional system of jurors is an efficient way for justice to be decided because the current system allows jurors to be uneducated on law, inconsistent with experience, and bias based on their opinions.
When the Judge admonished the Jury, he told them they must reach a unanimous decision beyond a reasonable doubt. The "hero" of this movie appears to be Henry Fonda, the first juror to vote "not guilty". He kept challenging the evidence by saying "isn 't it possible?"...that the evidence was wrong. Do some critical thinking on this...using a good paragraph answer if "isn 't it possible?" is the same thing as "beyond a reasonable doubt." Start with a “yes” or “no” and then eleaborate.
The right to a trial by jury is a core element of the United States Criminal Justice System. This right is guaranteed to all citizens by the highest law of the land: The United States Constitution. But are juries truly an effective means of securing justice? The movie 12 Angry Men provides commentary on this question with its portrayal of twelve jurors deliberating over a murder case. The jury initially seems bound to condemn the defendant, a young man of nineteen years, to the electric chair, but a single man, Juror no. 8 descents against the majority. Over the course of the film, tensions rise, and after much debate Juror no. 8 manages to convince the other eleven jurors to eventually vote not guilty. Through their debates and casual side conversations, we are shown the role of personal biases and group manipulation tactics that can impede with objective analysis and ultimately the attainment of justice. Thus, the Movie 12 Angry Men mostly serves to challenge the jury system as a means of securing justice by demonstrating the harmful effects of personal biases, the lack of dedication to the system, and the potential for manipulative tactics.
Fundamental to the American adjudicatory process is a jury trial. A jury has been described as a convention of a sworn body of people with the aim
The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally, the jury system has been viewed as a cornerstone of common law procedure. However, the use of the system of trial by jury is on the decline. Today, its use differs, depending on whether (a) it is a civil or criminal matter, and (b) in criminal matters, whether it is a summary or an indictable offence.