Arguments against trial by jury?
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Arguments against trial by jury?
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hello, i come from a country ruled by civil law, i dont really know much about common law.
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Harriet
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- Juries might not have the legal knowledge required to make a decision according to the law
- Additionally they may not completely understand testimony or expert evidence
- They are probably more likely to be swayed by things like appearance than a judge is
- Due to the laws of who is not allowed to serve on juries, or who can get out of it, the juries often aren't a fair representation of people in society
- I know in America they can go pretty crazy about this and have huge jury surveys and stuff to try and pick people sympathetic to their side, not sure about other countries (I don't think we do it here)
- More expensive to have a jury especially if you have to pay for them or sequester them
- They discuss things together and usually have to come to a unanimous decision, that means people may feel pressured to vote one way because other people want to get home
Those are just some disadvantages of juries off the top of my head.
Harriet |
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flika
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One contention is, jury trials are more lengthy
and expensive than bench trials. |
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jsmack19
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-Juries are almost never neutral
-While a jury is suppose to be a jury of one's peers, that is not the case, the jury pool is a what is made up of peers. (i.e. A poor Egyptian immigrant may have a rich white anti-immigration jury, they are obviously not peers.)
-Juries, many times, cannot understand the intricacies of laws that many times exist in complex litigation matters. |
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Mutt
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They do take a lot longer since you have to prove to 12 people that a person committed a crime instead of just convincing one person.
But, the argument for a jury trial far outweigh this. Since you have to convince 12 people that someone committed a crime, you will have to have some very good evidence that he did do it. And because of this, far less innocent people are sent to prison.
It's not perfect, but it's a lot better than having just one person decide the outcome. |
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