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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The jury system might be outliving its usefulness to society and the public because of its perceived time consumption and the tax dollars that are funneled into running juries. The jury system was instituted by the British government in 1846. These trials were often biased and were conducted with secrecy that was not open to the public. Later the constitution mandates the right of trial by jury for all civil cases‚ but included that they be “speedy‚ public‚ and fair” (Rottenerg 4) to ensure that
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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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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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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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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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When should we discard explanations that are intuitively appealing? Intuition and reasoning together lead the individual to personal truths. Intuition is man’s personal experience with knowledge‚ derived from the world order around him and his coming to know explanations to be true. Is intuition the most beneficial method of acquiring knowledge? Man’s instincts instruct him on how to feel towards an idea or concept‚ and whether to hold it to be true. However‚ these natural responses do not characterize
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The Role Of The Jury In The English Legal System A jury is a body of citizens sworn to give a true verdict according to the evidence presented in a court of law. They are generally made up of people from diverse backgrounds. They see evidence differently than the court who live the law on a daily basis. The jury puts the human factor into the equation. Juries tend to weigh the evidence to determine the questions of facts. The jury system was imported to Britain after Norman Conquest.
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