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| Etymology | |
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The word jury derives from (Norman) French, "juré (sworn)". Juries are most common in common law adversarial-system jurisdictions. In the modern system, juries act as triers of fact, while judges act as triers of law. A trial without a jury (in which both questions of fact and questions of law are decided by a judge) is known as a bench trial.
[edit] Tags:Common Law,Adversarial-system,Jurisdictions,Questions Of Law,Bench Trial,Trial,Judge, | |
| Types of jury | |
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The "petit jury" (or "trial jury") hears the evidence in a trial as presented by both the plaintiff (petitioner) and the defendant (respondent). After hearing the evidence and often jury instructions from the judge, the group retires for deliberation, to consider a verdict. The majority required for a verdict varies. In some cases it must be unanimous, while in other jurisdictions it may be a majority or supermajority. A jury that is unable to come to a verdict is referred to as a hung jury. The size of the jury varies; in criminal cases there are usually 12 jurors, although Scotland uses 15. A number of countries that are not in the English common law tradition have quasi-juries on which lay judges or jurors and professional judges deliberate together regarding criminal cases.
In civil cases many trials require only eight. Juries are almost never used in civil cases outside the United States and Canada. Other states with a common law tradition sometimes use them in defamation cases, in cases involving a governmental eminent domain power, and in cases involving alleged wrongful conviction. Civil law countries generally do not use civil juries. Civil juries are available in theory in the United States and Canada in almost all cases where the only remedy sought is money damages, although in practice they are sought only in large dollar cases.
A grand jury, a type of jury now confined almost exclusively to federal courts and some state jurisdictions in the United States, determines whether there is enough evidence for a criminal trial to go forward. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing presentments. A grand jury is traditionally larger than and distinguishable from the petit jury used during a trial, with at least 12 jurors. A grand jury does not require a suspect be notified of the proceedings, and grand juries can be used for filing charges in the form of a sealed indictment against unaware suspects to be arrested later by a surprise police visit.
[edit] Tags:Verdict,Court,Evidence,Plaintiff,Defendant,Deliberation,Criminal Cases,Civil Cases,Criminal Trial,Prosecutor,Indictments,Crimes,Sealed Indictment,English Common Law,Damages, | |
| Composition | |
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Serving on a jury is normally compulsory for those individuals who are qualified for jury service. Since a jury is intended to be an impartial panel capable of reaching a verdict, there are often procedures and requirements, for instance, fluent understanding of the language, or the ability to test jurors or otherwise exclude jurors who might be perceived as less than neutral or more partial to hear one side or the other. Juries are initially chosen randomly from the eligible population residing in the court's jurisdictional area (unless a change of venue has occurred). Jury selection varies widely; in the United States, some form of organized questioning of the prospective jurors (jury pool) occurs—voir dire—before the jury is selected impaneled.
A head juror is called the "foreman" or "presiding juror". The foreman is often chosen before the trial begins or upon the beginning of deliberations. The role of the foreman is to ask questions on behalf of the jury, facilitate jury discussions, and sometimes to read the verdict of the jury. Since there is always the possibility of jurors not completing the trial for health or other reasons, often one or more alternate jurors are nominated. Alternates hear the trial but do not take part in deciding the verdict unless a juror is unable to deliberate. In Connecticut, alternate jurors are dismissed before the panel of sworn jurors begin deliberation. Connecticut General Statutes 51-243(e) and 54-82h do not allow alternate jurors to be segregated from the regular sworn jurors. In civil cases in Connecticut, C.G.S. 51-243(e) declares that alternate jurors "shall be dismissed." This differs from the power given to the Court in criminal trials under C.G.S. 54-82h, permitting the Court to not dismiss the alternate jurors, and have the regular jury panel begin deliberations.
[edit] Tags:Impartial,Change Of Venue, | |
| Historical roots | |
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The Jury an 1861 painting of a British jury
The modern jury evolved out of the ancient custom of many ancient Germanic tribes whereby a group of men of good character was used to investigate crimes and/or judge the accused. The same custom evolved into the vehmic court system in medieval Germany. In Anglo-Saxon England, juries investigated crimes. After the Norman Conquest, some parts of the country preserved juries as the means of investigating crimes. The use of ordinary members of the community to consider crimes was unusual in ancient cultures, but was nonetheless also found in ancient Greece.
The modern jury trial evolved out of this custom in the mid 12th century during the reign of Henry II.[1] Juries, usually 6 or 12 men, were an "ancient institution" in some parts of England. ("Henry II" 286) Members consisted of representatives of the basic units of local government—hundreds (an administrative sub-division of the shire, embracing several vills) and villages. Called juries of presentment, these men testified under oath to crimes committed in their neighborhood and indicted. The Assize of Clarendon in 1166 caused these juries to be adopted systematically throughout the country. The jury in this period was "self-informing," meaning it heard very little evidence or testimony in court. Instead, jurors were recruited from the locality of the dispute and were expected to know the facts before coming to court. The source of juror knowledge could include first-hand knowledge, investigation, and less reliable sources such as rumor and hearsay.[2]
Between 1166 and 1179 new procedures including a division of functions between the sheriff, the jury of local men, and the royal justices ushered in the era of the English Common Law. Sheriffs prepared cases for trial and found jurors with relevant knowledge and testimony. Jurors 'found' a verdict by witnessing as to fact, even assessing and apply information from their own and community memory — little was written at this time and what was: deeds, writs, were subject to fraud. Royal justices supervised trials, answered questions as to law and announced the court's decision which was subject to appeal. Sheriffs executed the decision. These procedures enabled Henry II to delegate authority without endowing his subordinates with too much power. ("Henry II" 293)
In 1215 the Roman Catholic Church removed its sanction from all forms of ordeal — procedures by which suspects were 'tested' as to guilt (e.g., the ordeal of hot metal was applied to a suspected thief by pouring molten metal into his hand, if the wound healed rapidly and well, it was believed God found the suspect innocent, if not then guilty). With the ordeals banned, establishing guilt would have been problematic, had England not had forty years of judicial experience. Justices were accustomed to asking jurors of presentment about points of fact in assessing indictments; it was a short step to ask jurors if the accused was guilty as charged. ("Henry II" 358)
An early reference to a jury type group in England is in a decree issued by Aethelred at Wantage (997), which enacted that in every Hundred "the twelve leading thegns together with the reeve shall go out and swear on the relics which are given into their hands, that they will not accuse any innocent man nor shield a guilty one."[3] The resulting Wantage Code code formally recognized legal customs that were part of the Danelaw.[4]
The testimonial concept can also be traced to Normandy before 1066, when a jury of nobles was established to decide land disputes. In this manner, the Duke, being the largest land owner, could not act as a judge in his own case.[5]
One of the earliest antecedents of modern jury systems are juries in ancient Greece, including the city-state of Athens, where records of jury courts date back to 500 BCE. These voted by secret ballot and were eventually granted the power to annul unconstitutional laws, thus introducing judicial review. In modern systems, law is "self-contained" and "distinct from other coercive forces, and perceived as separate from the political life of the community," but "all these barriers are absent in the context of classical Athens. In practice and in conception the law and its administration are in some important respects indistinguishable from the life of the community in general."[6]
[edit] Tags:Germanic,Vehmic Court,Henry Ii,997,Thegns,Reeve,Relics,Danelaw,Ancient Greece,City-state,Bce,Secret Ballot,Unconstitutional,Judicial Review, | |
| 18th century England | |
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In 1730, the British Parliament passed the Bill for Better Regulation of Juries.[7] The Act stipulated that the list of all those liable for jury service was to be posted in each parish and that jury panels would be selected by lot, also known as sortition, from these lists. Its aim was to prevent middle-class citizens from evading their responsibilities by financially putting into question the neutrality of the under-sheriff, the official entrusted with impanelling juries.
Prior to the Act, the main means of ensuring impartiality was by allowing legal challenges to the sheriff’s choices. The new provisions did not specifically aim at establishing impartiality, but had the effect of reinforcing the authority of the jury by guaranteeing impartiality at the point of selection.
The example of early 18th century England legal reform shows how civic lotteries can be used to organize the duties and responsibilities of the citizen body in relation to the state. It established the impartiality and neutrality of juries as well as reiterating the dual nature of the citizen-state relationship...
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| Trial jury size | |
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About 50 prospective jurors awaiting jury selection
The size of the jury is to provide a "cross-section" of the public. In Williams v. Florida, 399 U.S. 78 (1970), the Supreme Court of the United States ruled that a Florida state jury of six was sufficient, and that "the 12-man panel is not a necessary ingredient of "trial by jury," and that respondent's refusal to impanel more than the six members provided for by Florida law did not violate petitioner's Sixth Amendment rights as applied to the States through the Fourteenth."[8]
In Brownlee v The Queen (2001) 207 CLR 278, the High Court of Australia unanimously held that a jury of 12 members was not an essential feature of "trial by jury" in section 80 of the Australian Constitution.
In Scotland, a jury in a criminal trial consists of 15 jurors, which is thought to be the largest in the world. In 2009 a review by the Scottish Government regarding the possibility of reduction,[9] led to the decision to retain 15 jurors, with the Secretary for Justice stating that after extensive consultation, he had decided that Scotland had got it "uniquely right".[10]
For juries to fulfill their role to analyze the facts of the case, there are strict rules about their use of information during the trial. Juries are often instructed to avoid learning about the case from any source other than the trial (such as from media accounts) and to not attempt to conduct their own investigations (such as independently visiting a crime scene). Parties, lawyers, and witnesses are not allowed to speak with a member of the jury. Doing these things may constitute reversible error. In very rare, high-profile cases, juries may be sequestered for the deliberation phase or for the entire trial.
Conversely, jurors are generally required to keep their deliberations in strict confidence during the trial and deliberations, and in some jurisdictions even after a verdict is rendered. In English law, the jury's deliberations must never be disclosed outside the jury, even years after the case; to repeat parts of the trial or verdict, is considered to be contempt of court, a criminal offense. In the United States, this rule usually does not apply, and sometimes jurors have made remarks that called into question whether a verdict was properly arrived at. In Australia, academics are permitted to scrutinize the jury process only after obtaining a certificate or approval from the Attorney-General.
Because of the desire to prevent undue influence on a jury, jury tampering (like witness tampering) is a serious crime, whether attempted through bribery, threat of violence, or other means. Jurors themselves can also be held liable if they deliberately compromise their impartiality.
A study by the University of Glasgow showed that a jury of 12 people was ineffective because a few jurors ended up dominating the discussion, and that seven was a better number because more people feel comfortable speaking, and they have an easier time reaching a unanimous decision.[11]
[edit] Tags:Williams V. Florida,Supreme Court Of The United States, | |
| Role | |
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The role of the jury is seemingly accurate to a finder of fact, while the judge is seen as having the sole responsibility of interpreting the appropriate law and instructing the jury accordingly. The jury will render a verdict on the defendant's guilt, or civil liability. Sometimes a jury will also make specific findings of fact in what is called a "special verdict." A verdict without specific findings of fact that includes only findings of guilt, civil liability and an overall amount of civil damages, if awarded, is called a "general verdict."
Juries are often justified because they leaven the law with community norms.[12] Jury trial verdicts are not, however, legally binding precedents in other cases. For example, it would be possible for one jury to find that particular conduct is negligent, and another jury to find that it is not negligent, without either verdict being legally invalid, on precisely the same factual evidence. Occasionally, if jurors find the law to be invalid or unfair, they may acquit the defendant, regardless of the evidence that the defendant violated the law. This is commonly referred to as "jury nullification of law" or simply jury nullification. When there is no jury ("bench trial"), the judge makes rulings on both questions of law and of fact. In most continental European jurisdictions, the judges have more power in a trial and the role and powers of a jury are often restricted. Actual jury law and trial procedures differ between countries.
The collective knowledge and deliberate nature of juries are also given as reasons in their favor:
Detailed interviews with jurors after they rendered verdicts in trials involving complex expert testimony have demonstrated careful and critical analysis. The interviewed jurors clearly recognized that the experts were selected within an adversary process. They employed sensible techniques to evaluate the experts’ testimony, such as assessing the completeness and consistency of the testimony, comparing it with other evidence at the trial, and evaluating it against their own knowledge and life experience. Moreover, the research shows that in deliberations jurors combine their individual perspectives on the evidence and debate its relative merits before arriving at a verdict.[13]
In the United States, juries are also entitled, when asked to do so by a judge in their jury instructions, to make factual findings on particular aggravating circumstances which will be used to elevate the defendant's sentence, if the defendant is convicted. This practice was required in all death penalty cases in Blakely v. Washington, 542 U.S. 296 (2004), where the Supreme Court ruled that allowing judges to make such findings unilaterally violates the Sixth Amendment right to a jury trial. A similar Sixth-Amendment argument in Apprendi v. New Jersey, 530 U.S. 466 (2000) expanded the requirement to all cases, holding that "any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt".[14]
Many U.S. jurisdictions permit the seating of an advisory jury in a civil case in which there is no right to trial by jury to provide non-binding advice to the trial judge,[15] although this procedural tool is rarely used. For example, a judge might seat an advisory jury to guide the judge in awarding non-economic damages in a case where there is no right to a jury trial, such as a personal injury suit brought against a state government.
In Canada, juries are also allowed to make suggestions for sentencing periods and at the time of sentencing, the suggestions of the jury are presented before the judge by the Crown prosecutor(s) before the sentence is handed down. A small number of U.S. jurisdictions, including Texas, give juries the right to set sentences as well as to find guilt or innocence.
However, this is not the practice in most other legal systems based on the English tradition, in which judges retain sole responsibility for deciding sentences according to law. The exception is the award of damages in English law libel cases, although a judge is now obliged to make a recommendation to the jury as to the appropriate amount.
In legal systems based on English tradition, findings of fact by a jury and jury conclusions that could be supported by jury findings of fact when the specific factual basis for the verdict is not known, are entitled to great deference on appeal. In other legal systems, it is generally possible to reconsidered both findings of fact and findings of law made at the trial court level and evidence may be presented to appellate courts in what amounts to a trial de novo of appealled findings of fact made by the court of first instance in a case. The finality of trial court findings of fact in legal systems based on the English tradition has major impact on court procedure in these systems. This finality makes it imperative that lawyers be highly prepared for trial in the first instance in high stakes cases with jury trials based on the English tradition, because errors and misjudgments related to the presentation of evidence at trial to a jury cannot generally be corrected later on appeal. Surprises at trial are much more consequential in jury trials in systems based on the English tradition than they are in other legal systems as a result, so in these systems trial preparation to avoid any possibility of surprise is more important than it might be otherwise.
[edit] Tags:Penalty,Judgment, | |
| Jury nullification | |
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Main article: Jury nullification
Jury nullification means making a law void by jury decision, in other words "the process whereby a jury in a criminal case effectively nullifies a law by acquitting a defendant regardless of the weight of evidence against him or her."[16]
In the 17th and 18th centuries there were a series of cases starting in 1670 with the trial of the Quaker William Penn which asserted the (de facto) right of a jury to pass a verdict contrary to the facts or law. A good example is the case of one Carnegie of Finhaven who in 1728 accidentally killed the Scottish Earl of Strathmore. As the defendant had undoubtedly killed the Earl, the law (as it stood) required the jury to pass the verdict that the case had been "proven" and cause Carnegie of Finhaven to die for an accidental killing. Instead the jury asserted what it believed to be their "ancient right" to judge the whole case and not just the facts and brought in the verdict of "not guilty". This led to the development of the not proven verdict in Scots law.
Today in the United States, juries are instructed by the judge to follow his or her instructions concerning what is the "law", in his or her opinion, and to render a verdict solely on the evidence presented in court. If it reaches a conclusion contrary to those instructions, but based on its own beliefs as to what the law is, whether it has been properly applied, or whether it should be the law, this is known as jury nullification. It finds its most common expression when verdicts are rendered based on passion, prejudice, sympathy or bias. It has been asserted that the jury has the power to "nullify" a law it believes is unjust, by, for example, refusing to find the defendant guilty, in spite of the evidence, if it believes that a guilty verdict would be unjust. Important past exercises of this de facto power include cases involving slavery (see Fugitive Slave Act of 1850), freedom of the press (see John Peter Zenger), and freedom of religion (see William Penn).
In United States v. Moylan, 417 F.2d 1002 (4th. Cir. 1969), Fourth Circuit Court of Appeal unanimously ruled: "If the jury feels that the law under which the defendant is accused is unjust, or exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the right to acquit, and the courts must abide that decision." The Fully Informed Jury Association is a non-profit educational organization dedicated to informing jurors of their rights and seeks laws to force judges to inform jurors that they can and should judge the law. In Sparf v. United States, 156 U.S. 51 (1895), the Supreme Court, in a 5-4 decision, held that a trial judge has no responsibility to inform the jury of the right to nullify laws.
Modern American jurisprudence is generally intolerant of the practice, and a juror can be removed from a case if the judge believes that the juror is aware of the power of nullification.[17]
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| Jury equity | |
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In the United Kingdom, a similar power exists, often called "jury equity". This enables a jury to reach a decision in direct contradiction with the law if they feel the law is unjust. This can create a persuasive precedent for future cases, or render prosecutors reluctant to bring a charge – thus a jury has the power to influence the law.
Perhaps the best example of modern-day jury equity in England and Wales was the acquittal of Clive Ponting, on a charge of revealing secret information, under section 2 of the Official Secrets Act 1911 in 1985. Mr Ponting's defence was that the revelation was in the public interest. The trial judge directed the jury that "the public interest is what the government of the day says it is" – effectively a direction to the jury to convict. Nevertheless, the jury returned a verdict of not guilty.
Another example is the acquittal in 1989 of Michael Randle and Pat Pottle, who confessed in open court to charges of springing the Soviet spy George Blake from Wormwood Scrubs Prison and smuggling him to East Germany in 1966. Pottle successfully appealed to the jury to disregard the judge's instruction that they consider only whether the defendants were guilty in law, and assert a jury's ancient right to throw out a politically-motivated prosecution, in this case compounded by its cynical untimeliness.[18]
In Scotland (with a separate legal system from that of England and Wales) although technically the "not guilty" verdict was originally a form of jury nullification, over time the interpretation has changed so that now the "not guilty" verdict has become the normal one when a jury is not persuaded of guilt and the "not proven" verdict is only used when the jury is not certain of innocence or guilt.[19] It is absolutely central to Scottish and English law that there is a presumption of innocence. It is not a trivial distinction since any shift in the burden of proof is a significant change which undermines the safeguard for the citizen.[20]
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| Advantages of a jury system | |
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As there are many persons from different backgrounds, any individual prejudices are likely to cancel out.
Juries represent the common public and therefore are more likely to judge in line with generally accepted values of the society.
Discussions among juries are likely to lead to more thorough consideration of all aspects of the case.
It is more difficult to corrupt 12 jurors though than one (or three) judge(s).
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| Disadvantages of a jury system | |
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The jury members are with a few exceptions not knowledgeable about the law and are unfamiliar with court procedure, decisions might be based on emotions rather than rationale arguing.
Complex cases tend to require special expertise to judge the case which a jury do not have.
The jury members are more susceptible to the rhetoric impressions and mesmerised by the eloquence of a lawyer than a judge, they tend to be over-awed by the whole experience.
Since the decision by jury is a group decision, individual members of the jury may not feel that responsible about their duties and therefore neglect it.
Group pressure might be influential on the decision.
Juries may be swayed by the current prejudices in the society, which are not supported by law.
A jury system is very costly.
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| Non-trial juries | |
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A wine jury
Besides petit juries for jury trials and grand juries for issuing indictments, juries are sometimes used in non-legal or quasi-legal contexts. Blue ribbon juries attend to civic matters as an ad-hoc body in the executive branch of a government. Outside government, a jury or panel of judges may make determinations in competition, such as at a wine tasting, art exhibition, or talent contest. These types of contests are juried competitions.
Blue ribbon juries are juries selected from prominent, well-educated citizens, sometimes to investigate a particular problem such as civic corruption. Blue ribbon juries cannot be used in real trials, which require constitutional safeguards to produce a jury of one's peers. The blue-ribbon jury is intended to overcome the problems of ordinary juries in interpreting complex technical or commercial questions. In the United States blue-ribbon juries were provided for by statutes, the terms varying by jurisdiction.
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| States | |
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Each State may determine the extent to which the use of a Jury is used. The use of a Jury is optional for civil trials in any Australian State.[citation needed] The use of a Jury in criminal trials is generally by unanimous verdict of 12 lay members of the public. Some States provide exceptions such as majority (11-to-1 or 10-to-2) verdicts where a jury cannot otherwise reach a verdict. Sometimes a State law may allow an accused person to elect to use a Judge-only trial rather than the default Jury provision.
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| Commonwealth (Federal) | |
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The Constitution of Australia provides in section 80 that 'the trial on indictment of any offence against any law of the Commonwealth shall be by jury'. The Commonwealth can determine which offences are 'on indictment': Cheng v The Queen (2000) 203 CLR 248 (McHugh and Callinan JJ, Kirby J dissenting). It would be entirely consistent with the Constitution that a Homicide offence could be tried not 'on indictment,' or conversely that a simple Assault could be tried 'on indictment.' This interpretation has been criticised a 'mockery' of the section, rendering it useless: R v Federal Court of Bankruptcy; Ex parte Lowenstein (1939) 59 CLR 556 (Dixon and Evatt JJ dissenting).
Where a trial 'on indictment' has been prescribed, it is an essential element that it be found by a unanimous verdict of guilty by 12 lay members of the public. This requirement stems from the (historical) meaning of 'jury' at the time that the Constitution was written and is (in principle) thus an integral element of trial by jury:Cheatle v The Queen (1993) 177 CLR 541 (per curiam). Unlike States, an accused person cannot elect a Judge-only trial.
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| Belgium | |
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The Belgian Constitution provides that all cases involving the most serious crimes be judged by juries. As a safeguard against libel cases, press crimes can also only be tried by jury. Ra Tags: | |
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