Monday, February 16, 2015

An American Jury System Review Would Point Out Bad And Good Points

By Karyn Shields


The jury system, within the United States, is a complex organism that many people do not understand. Those that do can often game the judicial system in various ways. It has been called the very worst system in the world except for all of the other countries. This American Jury System Review will take this into account.

The way the judicial system is supposed to work could read like a popular novel. A defendant, charged with a crime, is brought before a judge. They have an attorney. The State has an attorney or prosecutor that attempts to prove the defendant is guilty. The persons lawyer attempts to show that the prosecutor has not proven that and that his client is, indeed, not guilty.

While both lawyers are talking and, possibly, double talking, the jury is sitting there trying to take it all in. It will be up to them, when all is said and done, to decide whether the defendant is guilty or not based on the facts they hear. A bad part about this system is that many do not seem to understand the facts or are having problems respecting the seriousness of their task.

A horrible trend, in many circles, is the belief that the jurors should be able to take the law and change it to reflect some political purpose. They may so identify with the defendant, or their predicament, that they declare, against better judgment, because of their race, their poverty or membership in some other victim class. This is not a good trend as the weights of justice are held by a lady who is blind to all of these conditions.

The way to get on a jury is pretty straight forward, as well. Once or twice a month, or more often if need be, a letter or post card is sent to many people asking them to come to the court house and contend for a seat. A large group of people will already be there and all of them will be working on a survey or questionnaire. This form will have many questions asking about your feeling on a multitude of feeling and prejudices.

The questionnaires have been written by the attorneys on both sides, They will take their copies of these and allow a court clerk to call several names to be taken into the court room. This will be the room where the trial you may be on will be heard. What happens next will be interesting and forms the basis of many of the complaints about the system.

For the next few minutes, a judge will address these potential jurors and then turn them over to the lawyers present. One from each side of this battle will ask each member of the panel to answer several questions, some of which will be based off of the answers they gave in written form. They will attempt to understand what you feel about the defendant and the crime they are charged with and their race, if this is a factor.

Several high profile cases, across the country, since 1996, have made a mockery of some of the high value everyone places in this system. This is because you are not supposed to have any preconceived thoughts about the person being tried. There is a growing number of activists who believe in jury nullification which means that no matter what is brought up, in the trial, they are going to decide based on some quota they support.




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