THE ROLE OF JURY

THE ROLE OF JURY



THE ROLE OF JURY

Introduction

Jury's plays an important and historic role in the American adversarial legal system. Men and women from all professions who are responsible for the grave responsibility of determining guilt or innocence of persons accused of crimes, after trials in which lawyers present their case at issue and the judge explains the law applicable, a jury of citizens to choose from the community to give a verdict.

We can define the jury as a group of people formed by lot from among the citizens for each process, whose mission is to identify and report the facts of this, or the guilt or innocence of the accused, leaving the care of professional judges imposing penalty under applicable law.

History of the Jury

The history of jury, dating back to ancient Greece and Rome, but the Magna Carta signed by King John of England in 1215 CE, which marked the beginning of citizens based on court decisions. Group of barons forced the king to pledge that "no free man shall be taken or imprisoned ... or outlawed or exiled ... except as a legal opinion of their peers." Jurors not only quickly become an integral British jurisprudence, but also in the case of Bushell, decided in 1670, its independence and established authorities. The use of intimidation and coercion by trial judges as a means of persuasion was ban.

Function of the jury

The jury is a figure procedural classic English system, through which citizens participate in the administration of justice. It should note that while the jury decides its verdict, it is the law imposing the sentences, the judge who made the observance of the channels of the process and who determines if it approved for processing the application, and the prosecutor who determines the contents thereof. The classic choice is that of a judge pro or a court to give solution to the cases rose. Given these two options, there are hybrids that mix of both systems, or limit each of the two systems to different subjects or areas. It is very common, for example, to limit jury trials to criminal and sometimes civil litigation in particular tort.

The functions of the jury are:

•Analyze and determine the documentation and / or paper presented, according to the option selected by the candidate.

•Punish your participation, inquiry and opinion, professional reception events as assigned.

•Preside over the installation, development, the swearing in ceremony and the closing of recepcional review.

•Endorse and sign the opinion of the review recepcional. There are differences of opinion as to the appropriateness of the figure of the jury, which is the same around the concept of popular justice. A favor indicates to be democratic and prevents despotism. Against that may fall into tyranny of the majority or the tyranny of the mob , is easily manipulated and may result in misleading the general prevention (exemplary punishments, excessive penalties) and special prevention (death penalty, life imprisonment, control brain, castration ...