Pros And Cons Of Trial By Jury - 1252 Words

In the Australian legal system, juries have been the subject of debate for many years. Should we have them for criminal trials or will justice be done better through trial by judge alone? The responsibility of the jury in criminal and civil cases is to â€Å"determine questions of fact† and apply law as set out by the judge and then, with these facts and evidence, come up with a verdict. Specifically, in a criminal trial, it is the role of the jury to determine a â€Å"guilty† or a â€Å"not guilty† verdict which is set in place by the standard â€Å"beyond a reasonable doubt† meaning that even with the slightest indication of doubt, the defendant must be found not guilty. This standard places the burden of proof with the prosecution to ensure the judge or†¦show more content†¦Impartiality is said to be achieved during the random selection process of the jury empanelment as well as through the courts ability to exclude a person on the basis of their awareness of a particular person involved in or a witness in the case. The right to have a trial by jury has been made available in all states and territories in Australia for criminal offences. The availability of a jury can be determined by the offence that the accused is charged with. Applications can too be made in a number of states and territories across Australia for the accused to be tried by judge alone rather than obliged to a trial by jury. However, a trial by jury becomes obligatory where the prosecution of a federal offence advances by way of indictment. This obligatory process is due to section 80 of the Commonwealth Constitution that assures trial by jury in such instances. This being said, trials involving jury’s makeup an extremely small amount of court cases in Australia. Most cases of a criminal nature are heard Summarily in the Magistrates court before being given the opportunity to a trial by jury. The steps involved in the selection of the jury involve; Computer generated random selection, determination of liability, summons, selection of a panel from jury pool and finally the selection of jury from the panel. However, there have been cases where irregularities in theShow MoreRelatedSaudi Arabian Justice System is Based on Islamic Law from the Quran602 Words   |  3 Pagescourt system was created by King Abdul Aziz who founded the Kingdom of Saudi Arabia back in 1932, the kingdom was introduced to the country between 1927 and 1960. The Saudi Arabia first criminal method was issued in 2001, decisions are made without juries and usually by a single judge. Some of the punishments that are still practiced in Saudi Arabia are, stoning, beheading, amputation and lashing. Serious criminal behavior include murder, rape, theft, robbery, adultery, which craft, sorcery and apostasyRead MoreJury Advantages Disadvantages And Reforms1641 Words   |  7 PagesDevlin professed that juries are ‘the lamp that shows that freedom lives’. Evaluate the accuracy of this statement with regard to the advantages and disadvantages of trial by jury, the alternatives available and any reforms that have been introduced or recommended. You are to produce an essay as follows Critically evaluate pros and cons the arguments for and against trial by jury Discuss any reforms that have been proposed or introduced and evaluate these reforms pros and cons This essay will evaluateRead MorePros And Cons Of The Criminal Justice System764 Words   |  4 Pagesreason for me disagreeing is that the system is not perfect. There have been cases where the jury has come to a verdict that was wrong. Cases where the jury wrongly incarcerated somebody or cases where the jury acquitted somebody when they were guilty. A system that makes mistakes like this is one that people will have a hard time trusting. The Criminal Justice system does have its pros and cons. The pros of the system is that it helps deter crime with incarcerating criminals, keeps those criminalsRead MoreThe Argument For A Jury s Decision887 Words   |  4 PagesA jury s decision can be invalidated if it can be shown that a juror was biased. For this reason, a juror is not allowed to communicate with friends, relatives or members of the media about the trial. Such action would be a violation of the 7th Amendment. Finally, the 7th Amendment specifies that the jury has to be unanimous in civil cases (again, civil means when someone is seeking compensation for a monetary loss). 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As jurors are incapable of apprehensively comprehending evidence and are vulnerable to being biased by their personal prejudices and excessive media publicity. Correspondingly, many fall victim of escaping trials due to their elongated processes. Conversely, many dispute in contradiction suggestingRead MoreWrongful Convictions1074 Words   |  5 Pagesdeath penalty should be improvised? Wrongful convictions are sought out by lawyers and police to determine if a criminal is guilty. Evidence and DNA is all part of the investigation that leads to an arrest. Once evidence is presented, the jury will then deliberate on what information and the evidence that was given. A verdict will be handed down at that time. Based on what the crime is, what type of punishment is given for the crime. The first cause is based on what evidence isRead MoreThe Death Penalty Of The United States1520 Words   |  7 PagesPenalty† 3). Execution was the automatic penalty for anyone convicted of murder or several other serious crimes. The debate has shifted from whether capital punishment is appropriate in a modern civilized society to questions about the fairness of the trials and the reliability of the results. These questions have contributed to the rise of citizens who oppose the death penalty (â€Å"Facts about the Death Penalty† 3). A divided United States Supreme Court also appears to be struggling with several importantRead MoreCriminal Justice Outline1660 Words   |  7 PagesDawn Drinovsky Capstone Project One Nov. 22, 2011 Trial a. Interrogation and Arraignment- Guidelines and Process of Law b. Trial- Judge and Supreme court roles c. Sentencing – 3 types Sentencing a. Determinate- pros and cons b. Indeterminate- pros and cons c. Mandatory- pros and cons d. Specific or general deterrence Determinate sentencing a. Time- Each punishment is set person to person regardless b. Punishment- does not discriminate c. Community- deter people fromRead MorePros And Cons Of Capital Punishment1237 Words   |  5 PagesPros and Cons of Capital Punishment INTRODUCTION Each year there are around 250 people added to death row and 35 executed. The death penalty is the most severe method of penalty enforced in the United Sates today. Once a jury has condemned a criminal of a crime they go to the following part of the trial, the punishment phase. If the jury recommends the death penalty and the judge coincides, then the criminal will face some form of execution. Lethal injection is the most common process of execution