Judge and jury essay
In a bench trial, the judge is an unbiased third-party advocate for justice. Nanavati v.
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
Majority verdicts of have been allowed in Tasmania since for all cases except murder and treason if a unanimous decision has not been made within two hours.
Jury system uk
So, also, in regard to other punishments than fines. Those previously found guilty of serious crimes felonies were also barred as were gladiators for hire, who likely were hired to resolve disputes through trial by combat. The Court said that to hold otherwise would nullify the rights of the accused and the prosecution to object to a person being excused inappropriately, and may also interfere with the rights of the parties to challenge for cause. However legal commentators have said that judges are not necessarily fact finders, and trials are about justice as well as law. The king also, by the charter, so far absolved all the people of the kingdom from their allegiance to him, as to authorize and require them to swear to obey the twenty-five barons, in case they should make war upon the king for infringement of the charter. For normal cases, the courts were made up of dikastai of up to citizens. And punishing a man by, or according to, the sentence or judgment of his peers, is only carrying that sentence or judgment into execution. There was discrimination and inequality. Whether Magna Carta allowed sentence to be fixed otherwise than by the jury. If the judiciary can authoritatively dictate to a jury any exposition of the law, they can dictate to them the law itself, and such laws as they please; because laws are, in practice, one thing or another, according as they are expounded. And the phrase per judicium parium suorum, therefore, implies that the jury are to fix the sentence. Or is it. Was it to obtain such a charter as that, that the whole nation had united, as it were, like one man, against their king?
As a result, the jury system has developed and changed to suit the needs and social conscience of different countries. The god Apollo takes part in the trial as the advocate for the defendant Orestes and the Furies as prosecutors for the slain Clytemnestra.
High government officials and their relatives were barred from acting as judices, due to conflicts of interest. This affords a wide field for tyranny; and if a jury cannot here intervene, the oppressed are utterly defenceless.
This was the oath in the Saxon times, and probably continued to be until Magna Carta.
The American colonies did not differ from their mother country in this abuse, but over time as the population grew so did crime. Suffrage is equally powerless and unreliable.
Jury system essay
Obviously there will be bias once the case is presented because humanity is adept to establishing its own thoughts and opinions, however, the decision of the case must be made based on the facts rather than the emotions albeit they sometimes coincide and help each other out. Even if a change for the better actually comes, it comes too late, because it comes only after more or less injustice has been irreparably done. They were powerhouses that took advantage of the judicial system. In this report I will evaluate the effectiveness of lay people presenting their advantages and disadvantages. Every time I hear about them I wonder if there is any true justice in our court systems; usually them being cases where African Americans were convicted of rape. In spite of this assumption people will be people and in some cases, logic and emotion will collide. These "peers of the accused" are responsible for listening to a dispute, evaluating the evidence presented, deciding on the facts, and making a decision in accordance with the rules of law and their jury instructions. Each component works together to provide the best result for both defendant and society. The Church banned participation of clergy in trial by ordeal in They are, to this day, commonly used in law books as synonymous terms.
based on 11 review