JURY SYSTEM

Jury system in United States

Abstract

The Jury system is used by many countries of the world and it helps the States in maintaining law and order situation in their country. In this paper, jury systems of United States have been discussed. The key areas of this paper are that how jury system was established in United States and what roles are performed by them. The role and responsibilities of Jury system has been discussed and some cases related to jury systems are also discussed. Another important aspect of this paper is that importance of jury system in United States is discussed which shows that jury system should remain continued.

Table of Contents

Introduction4

Selection of Jury4

Rights of Jury5

Advantages and disadvantages of Jury6

Civil trial procedures in Jury System6

Case of Jury System7

Importance of Jury System7

Conclusion8

Jury system in United States

Introduction

In United States, every person gets the punishment for more than six months according to constitutional right to a trial by jury. It is stated in the constitution of United States, article three that all jury will made the trial of all the crimes and the trial will take place in that state only where the crime as taken place. This law was expanded in the constitution of United States under the sixth amendment that all the criminal prosecutions must enjoy the rights of public trial and it can be done by the impartial jury of the state in which the crime has taken place (Jury Trial).

If the imprisonment is less than six months then there is no need for trial by jury. It depend on the state that whether they choose trial by jury or not. Many states required jury trials for all the crimes whether they are less than six months or more than six months. If the imprisonment is for less than six months and state has not given trial for jury then the defended can ask for jury trials (Jury Trial).

In some cases like, Blakely v. Washington, 542 U.S. 296 (2004), Supreme Court said defendant of criminal has right to trial by jury. But only when defendant has any fact which is very important and not on the question of guilt or innocence. This process is invalid in many states of United States but federal court has allowed the enhancement of sentencing on having strong evidence. The enhancement can be done on the finding of judge alone (Law.cornell.edu).

Selection of Jury

In some states jurors are choose through votes and by driving license list. Then jurors take pre qualifying test of them and ask them questions regarding the citizenship, language, disabilities. After qualifying this stage a summons is issued to them. According to constitution of United States it is a fundamental right of civil to a jury trial to be done. It gives them right to select whether they want to be judged by judges or by a jury (Landry v. Hoepfner, 818 F.2d 1169 (1989).

Rights of Jury

In United States it is the basic concept that juries usually give their decision on the basis of evidence to decide ...