THE JURY SYSTEM THE NATURE AND COMPOSITION OF THE JURY 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
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Trial by jury is a legal proceeding in which the guilt or innocence of the defendant is determined by a jury. It is opposed to bench trial that all final judgments are made by a judge. In Hong Kong‚ as it is under the common law system‚ jury trials are used in serious criminal cases and also some civil cases‚ like murder‚ manslaughter‚ rape‚ civil fraud and defamation cases etc. In addition‚ the jury is formed by a group of eligible citizens which is selected by local population. The criteria for
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Handout: The Jury System I. Development / History Frequently claimed that the right of a defendant to elect trial by jury is an ancient one‚ enshrined in Magna Carta. => In fact‚ there was no right to claim trial by jury until 1855. Administration of Justice Act 1855 => Allowed justices (with the consent of the accused) to try various petty thefts. The Summary Jurisdiction Act 1897 consolidated this earlier legislation‚ listing those indictable offences‚ which (with the defendant’s
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The Jury System: A History Thomas Jefferson describes the jury as “the only anchor ever yet imagined by man‚ by which a government can be held to the principles of its constitution.”( Dialogue on the American Jury: We The People in Action‚ 1) The purpose of juries is to ensure that no government is able to convict innocent people‚ or to give unreasonably cruel punishment. Although the juries we see today are very different from the first juries‚ they have always served the same purpose‚ to keep
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Juries are a fundamental institution within Canadian law and decide a large portion of important cases‚ changing many lives. Considering that a jury is simply a group of citizens who appeared to be the right fit for jury duty on a list‚ do we place too much power in their hands? This paper looks at the jury’s power of nullification and why it should or should not continue to be a part of the Canadian justice system and if it should‚ how can we improve it? Drawing on real cases and scholarly journals
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In order to understand the Nike system’s effectiveness in defending the US‚ the hostile actions and aerial strength of the USSR must be put into context. The main reason for the creation of the Nike missile system was to defend and deter the rapid technological advances of the USSR. After World War II‚ the USSR was able to acquire German scientists that had been working on the infamous V-2 rockets‚ as well as nuclear research. In addition‚ the USSR was also able to acquire some of the US’s bombers
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After the Norman Conquest in Britain‚ the concept of jury system were then imported‚ though in presence function were quite different compare to the early. The jury system is considered important in the English Legal system now‚ although only a small number of cases were used. It is absolute necessary role to ensuring the criminal justice system works for the advantage of the public rather than advantage of the unjust leader. In the trial process in England and Wales were involved. In the magistrates’
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1. Why are juries important in the adversarial system? Juries are a panel of citizens selected randomly from the electoral role to determine the guilt or innocence of the accused‚ thus are a fundamental part of how the adversarial system functions. The right to a trial by jury is enshrined by the right to a fair trial. Juries enable a fair trial as they are members of the community who are making an impartial judgement based on what the two opposing sides presents to them‚ hence they are less prone
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The jury trial is often considered to be one of the most controversial elements of the criminal justice system in UK and Wales. Although for many people trial by jury seems to be the fairest and the most unbiased way of establishing the person’s guilt or innocence‚ the practice shows that this method has many disadvantages and may cause serious concerns in the society. In this small research we shall try to analyze the advantages and disadvantages of the jury trial and describe further perspectives
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History of the Jury System Juries have been used in the legal system for over 1000 years. Originally they were used for providing local knowledge and information and acted more as witnesses than decision – makers. By the middle of the 15th Century‚ juries had become independent assessors and assumed their modern role as deciders of fact. Independence of the Jury Bushell’s Case (1670) – jurors refused to convict Quaker activists of unlawful assembly. The trial judge would not accept the ‘not
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