Exam 5: Trial by Jury
What effect does jury size have on jury deliberations and decisions?
The effect of jury size on jury deliberations and decisions can vary depending on the specific circumstances of the case and the composition of the jury.
In general, larger juries may lead to more diverse perspectives and opinions, as there are more individuals involved in the deliberation process. This can potentially lead to a more thorough examination of the evidence and a broader range of viewpoints being considered. On the other hand, larger juries may also experience challenges in reaching a unanimous decision, as there are more individuals who must come to an agreement.
Conversely, smaller juries may have an easier time reaching a consensus, as there are fewer individuals involved in the decision-making process. However, there may be a risk of limited perspectives and biases having a greater impact on the outcome.
Overall, the effect of jury size on deliberations and decisions is complex and can depend on various factors. Research in this area has produced mixed results, and the impact of jury size may ultimately be influenced by the specific dynamics of each individual jury.
Describe the development of the jury system and the right to trial by jury.
The development of the jury system and the right to trial by jury can be traced back to ancient Greece and Rome. In these civilizations, citizens were called upon to act as jurors in legal proceedings, and the concept of a group of impartial individuals making decisions on legal matters became ingrained in the legal systems of many societies.
In England, the modern jury system began to take shape in the 12th century with the introduction of the grand jury, which was responsible for determining whether there was enough evidence to warrant a trial. The petit jury, which determined guilt or innocence, emerged later on. The right to trial by jury was enshrined in the Magna Carta in 1215, and over the centuries, it became a fundamental right in English law.
In the United States, the right to trial by jury is guaranteed by the Sixth Amendment to the Constitution, and the jury system has been a cornerstone of the American legal system since the nation's founding. The development of the jury system in the U.S. has been shaped by landmark cases such as Bushel's Case in 1670, which established the principle that jurors cannot be punished for their verdicts, and the 1968 case of Duncan v. Louisiana, which extended the right to trial by jury to state courts.
Today, the jury system and the right to trial by jury are fundamental aspects of many legal systems around the world, providing a crucial role for ordinary citizens in the administration of justice. The system continues to evolve and adapt to changing societal norms and legal standards, but its core principles remain rooted in the ancient traditions of impartial judgment and the protection of individual rights.
After William Penn's case about religious freedom (Bushel's case),
Explain the importance of the cases of William Penn and John Peter Zenger for jury trials.
Research reviewing changed rules for deliberation allowing jurors to find guilt with less than unanimous agreement showed that the rule change
Jurors are instructed to discuss and debate during deliberations. The instruction
Lawyers and judges try to ensure that jurors will respond to the evidence introduced in court
What practical and ethical problems may there be with the use of jury consultants?
Research confirms that for mock jurors, the most important factor in their verdicts is
The evidence rule that says base your verdict only on evidence introduced into court
The idea that impartiality is related to demographic representativeness is
When analyzing the effects of jury size, research has shown that
On the theory that people retain and use information better when the participate actively some jurisdictions are experimenting with
Reports of large awards by juries in medical malpractice cases
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