Wednesday 3 November 2010

Is “Trial by Jury” an efficient due process of law?


Sympathetic hearing or more humanistic view of the jury to the case may sometimes lead to unfair in highly emotional cases, such as child rape, the jury may be tempted to convict based on personal feelings rather than on conviction behind reasonable doubt.

George Fisher (1997) has defined the duty of juries as a lie detector. Juries should be capable of tracking the evidence and reaching the correct decision. However, juries are regularly deemed to be victims of experienced lawyers. In other words, skillful barristers could convince juries to accede and provide satisfactory decisions.

Jury system can sometime be swayed by prejudice of jurors, including
racial considerations.

These are no educational requirements for the jury. Sometimes, the juries do not understand complex cases. It is claimed that some cases are impossible for any jury to understand. Many nations belief that it is unusual for person’s fate to be desire by untrained layman.

There are so many disadvantages in the jury system. Nevertheless, there are some advantages that cannot be ignored. Some advantages of the jury system may not obtainable under any other system.

References
Fisher, G. (1997). The Jury's Rise as Lie Detector. 107, Yale Law Journal, Retrieved 14/08/2010
R v. Ford. All ER 3 445 – 1989.
http://www.spiritus-­‐temporis.com/jury-­‐trial/pros-­‐and-­‐cons.html
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