LAW

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Law

Section 1: Are juries the best option to ensure justice in conviction or acquittal decisions?

Since its inception, the British jury system has elicited praise while inspiring a wealth of criticism. A jury is a panel of citizens chosen by the justice system to adjudicate a criminal or civil matter in a court of law. Jurisdictions select jurors by employing a series of procedures designed to screen out biased or incompetent jurors. Often, this process takes several weeks and involves the cooperation of judges, lawyers, and prospective jurors. If a citizen survives the jury selection process, he or she will participate in trial, becoming an empanelled or seated juror responsible for considering evidence, applying law, and potentially rendering a verdict (Klerman, 2003: 123).

A jury is a group of people selected to participate in a trial. The jury in a criminal trial hears the evidence presented by the prosecution and the defense and reaches a verdict based on the evidence. A jury must convict a defendant only if the prosecution proves beyond a reasonable doubt that the person committed the crime. The use of the jury is one of the distinguishing features of Anglo-American law, as it gives citizens the power to determine the facts in a civil or criminal case and apply the appropriate law through instructions from the judge (Kapardis, 2010: 121). The U.S. Constitution and all state constitutions provide defendants with the right to a jury trial on criminal charges. In civil matters there is no absolute right to a jury trial. States typically provide that minor cases are decided in small claims court by a judge or magistrate.

Social science research has reinvigorated the debate surrounding the UK's jury system. Citing empirical data, critics of the jury system suggest that it is far from the optimal method for settling legal disputes. Specifically, many contend that the jury selection process promotes juror bias by allowing attorneys to engineer juries favorable to their client's position. Moreover, social scientists suggest that jurors have difficulty understanding and applying law in the current trial setting. Finally, others simply note that the jury is an inefficient exercise that causes taxpayers to spend an inordinate amount of money and time on tasks a judge could more competently perform (Klerman, 2003: 124).

Yet, proponents of the jury system respond by noting that the jury is an embodiment of American democracy. Supporters of the jury argue that it infuses the will of the people into the judiciary, providing a constant check on the power of judges and the state. In addition, jury advocates highlight the educational impact of participation in the adjudicative process. In short, the debate surrounding the jury is extensive and polarizing (Kapardis, 2010: 121).

Jury Reliability and Mechanics of the Jury System

The jury selection process starts with the jury summons. A jury summons is a written order, issued by a court, requiring a citizen to appear for jury duty at a specified date and time. Using voter registration roles or driver's license records to construct jury pools ...