Advantages and disadvantages of trial by jury essay

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Advantages and disadvantages of trial by jury essay

The Trial by Jury — Should it be Retained? The Advantages and Aisadvantages of the System and its Further Perspectives The jury trial is often considered to be one of the most controversial elements of the criminal justice system in UK and Wales.

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. Trial by jury was first introduced in the 12th century by king Henry II, who set up a system where twelve free independent people assigned to arbitrate the land disputes.

After the complete establishment of the jury trial it operated without any remarkable changes, but at the end of the 20th century the public attention was drawn again to the problems connected with jury reliability, rationality, experience and bias.

This report presented the main drawbacks of the existing trial system — poor ethnic minority representation, lack of experienced jurors who represent different social layers and the game character of the trial process, where the truth is not so important as victory Davies et al.

The recommendations given in this review were partly brought into life with the adoption of the Criminal Justice Actwhich altered greatly the jury system in UK and Wales and introduced the following innovations: The statistics show that trial by jury is actually very rare.

But not only these restrictions make the access to jury trial very complicated.

Advantages and disadvantages of trial by jury essay

The main argument here lies in two most essential disadvantages of the trial by jury — its enormous expensiveness and long periods of time to be held.

These problems make the jury trial extremely inconvenient and exhausting both for the defendant and the jurors as they are ordinary people who have to spend lot of their time getting through the court procedures and participating in the trial process.

The qualification rules for the jurors are also often criticized. As we know, according to the Juries Act there are several qualifications for people willing to serve as juries: The ineligible persons include past and present members of the judiciary, other people who have been concerned with the administration of justice, the clergy and mentally ill people.

The CJA disqualifies individuals who have served a sentence of penal servitude in the past ten years, have been sentenced to a term of lifetime penal servitude or who have been released on bail pending trial at the time the jury is summoned.

But my opinion is that the main problems are caused not by these qualifications, rules or governmental restrictions. No, these problems lie in the human nature and in the fact that the jurors are subject to human errors.

Even if selected according to the rules, some of them are well educated and some are not; some are very responsible and some are not, some try to get better understanding of the case and the evidence and some are just trying to return home as soon as possible.

The main advantages of the jury trial are: The only legal requirement for a juror is that he knows the facts involved in case being tried.

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 criminal trial. The advantages and disadvantages of using a jury to decide the outcome of a criminal case will also be considered. A Jury is chosen at random, by a computer using. The advantages and disadvantages depend on many things, such as the professionalism of the judge (influenced but not conclusively determined by the level of the court and the jurisdiction), the nature of the case, the complexity of applicable law, the method of jury selection, the criteria for a verdict, etc. Argumentative Essays - Expressing Your Opinion. There are three basic ways of organising an argumentative essay. Set ‘em up and knock ‘em down (present your opponents’ arguments and destroy them with your own stronger points); The balanced approach (present arguments from both sides of the debate, but then say what you think yourself); Problem-Solution (explain the problem/s and then.

The judge guides the juries in determining the facts they can admit into evidence and the ones they must exclude. Many jurors encounter complicated problems far beyond their training and experience. But the jurors are not only unskilled and inexperienced, they often disregard logic presented by the lawyers because of their prejudices, past experience or moral sentiment.

Many of them are likely to follow the majority and make the same verdict as the stronger personalities who impose their opinion. For some jury members it is better to go with the majority and return home sooner than try to understand the evidence and make their own independent conclusion.

But the problem is that the jurors are often unable to understand complex evidence or to assess the reliability of witness or evidence.

Many of the jurors do not know the laws and procedures and remain uninvolved in the trial process. The research study by Matthews, Hancock and Briggs shows that most of the jurors feel very enthusiastic about their role in the trial process.

However, one third of people who serve as jurors find it very inconvenient. This report shows that well educated, skilled people and professionals are under-represented as only skilled manual workers and unskilled workers have enough time to judge longer trials.

It is obvious to me that the education level of these people is comparatively low and I hardly believe that they have enough knowledge to get into the details of the trial process.

Advantages and disadvantages of trial by jury essay

My opinion is that the jurors are actually willing to be fair and understand the cases better. The above mentioned problems can be solved by introducing more detailed instructions for the jurors and balancing the numbers of people with different education levels. A research by Cheryl Thomas shows that some of the problems concerning the jury trial are obviously exaggerated.

So, in her report the author states that she found no proofs that the white jurors are likely to have race stereotypes and make unfair verdicts. At the same time, Thomas writes that some local demographical peculiarities can have an effect on the judgment, but these effects are considered to be relatively small.

These people do feel responsible for their decisions and try to get better knowledge of law before getting down to a certain case. However, Thomas agrees that there are serious race disproportions in the jury structure and the ethnic minorities are under-represented.

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The author also agrees that the instructions made for the juries have to be more clear, simple and broad, because many jurors claim that they faced some difficulties in studying these instructions.

Trial by jury is a long tradition in our country.Disadvantages and advantages of jury. Post answer; Find study resources-7 votes; Media - Every person charged with a criminal offence has the right to a fair trial - Human rights act If the jury are likely to be swayed by excessive media coverage, it affects the defendants right to a fair trial, then the trial becomes illegal and the.

Evaluate the accuracy of this statement with regard to the advantages and disadvantages of trial by jury, the alternatives available and any reforms that have been introduced or recommended. You are to produce an essay as follows.

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This is not an example of the work written by our professional essay writers. The jury is an essential part of the legal system. There are several advantages of the system of trial by jury. Firstly, the general public acceptance of the way the jury system works.

Despite all of the disadvantages with the jury system, it is still utilized. Below is an essay on "Advantages Disadvantages Using Jury System" from Anti Essays, your source for research papers, essays, and term paper examples. Advantages of using Juries • A juror’s role is to be unbiased and impartial, make a judgement solely on the evidence they are presented with/5(1).

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