РефератыИностранный языкJuJury Duty Essay Research Paper Jury system

Jury Duty Essay Research Paper Jury system

Jury Duty Essay, Research Paper


Jury system is a trial system that twelve citizens decide whether defendants are guilty or


not. The verdict


is unanimous. The jurors are all laypersons , as far as law is concerned. There is a reason


for unanimous


verdict. If one jury is against the verdict,it is regarded as being room for doubt.


Advantages of jury system


are direct participation of American people, conventional judgement by people, fair stage


of investigation,


resistance against polictics’ and judical plot, and making of democratic consciousness.


For example, if a


public prosecutor submit unlawful proof without trial permission, counsel makes an


objection to it. A chief


judge can’t admit counsel’s objection. Defendant is at a disadvantage. However, there is a


possibility that


jury system will check rotting of trial. Jurors need not explain reason of verdict to court.


If juries feel way


of investigation is dirty and viorate human rights, they can decide the defendant is


innocnt. In short, jurors


can decide defendant is innocent even if a public prosecutor has disadvantageous proofs


for the defendant.


Juries who are representative of citizen make the decision value about proof. But, Jerome


Frank, one of


delegates of legal realists, criticized jury system in Law & the Modern Mind, 1930. ” A


lot of verdicts are


irresponsible juries’ products of caprice and prejudice, for example, the defendant is a rich


corporation, the


plaintiff is a poor boy and the counsel is an eloquent speaker. Such facts often decide who


wins or loses.”


He characterizes that juries have tendency to like weak people and hate strong people.


Jury system seems


to have many problems. A sophisticated and rich person, a person of position and a busy


businessman do


not want to become a juror, because juries are bound for all trial period and therefore


person who can


afford time for trial can become a juror, such as a housewife, an old person and an


unemployed person. As


a result jurors who have not even seen stock averages are to make the decision for an


important and


difficult case involved in the Antimonoply Law. It is said that citi

zen’s ability to execute


for jury’s duty is


the problem. But I do not think so. There are not scientific grounds for their abilities.It is


a prejudice.Law


degree and no proper ability to serve as a juror are not closely connected. Perhaps high


educational degree


may become an obstacle of conventional judgement. It is said that Japanese companies


always lose the


lawsuit, because American juries have prejudice against Japanese. Do you think it is true?


The answer is


NO.The probability of winnig a suit, by a jury who represents American citizen, was fifty


to one hundred in


data from 1980 to 95. To my surprise, American juries do not seem to matter nationality.


After all,


hypothesis that American juries have preconception against Japanese and Japanese


companies always lose


suit is not right. Moreover, hypothesis that juries are emotional and sympathize with


defendant, and as a


result the opinion that big companies always loses suit is groundless. The cause of


distrust in jury system


is probably connected to the way of news reports by mass media. Mass media reports


minus images. The


general public believe it is the real image in spite of successful verdicts. The present age


is the one of an


information-intensive society. Many people are influenced by the mass media. If those


people who have


prejudice happen to see a juror who gives a big yawn or dozes during trial, minus image


generalizes with


conviction. Let me give you a concrete example. Under sensational headline of


newspapers, mass media


reports great costs of jury trials as if every trial by a jury costs a lot. I agree with the idea


of jury system. It


is very good that American people participate in judicature. But, many people take a


critical attitude toward


the jury system. I never think that they are wrong. They may say ” We had better entrust


trial to trained


judge.” However, meaning of jury system’s existence is to stick to common sense of


citizens. Providing


whether the man is innocent or not by legal rights all people can exercise is permitted is


more important


than the fact whether the man is innocent or not.


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