Grand Jury: An Important Role In The Criminal Process

The Founding Fathers wanted the people of the United States to be in a democracy or self-government and established the jury system into the constitution. It is expensive and is a long process to start a jury trial. Also, jurors are not as professional as judges and can not determine a fair verdict. The Crime Scene Investigation (CSI) effect might also affect the verdict of the jury. The American jury system should not be used because of it not being cost-effective, the lack of experience of the jury, which leads to justice not being served, and the CSI effect impacting the

Unlike many other amendments, there wasn’t opposition to the Fifth Amendment. If a man were to be arrested, would this person be able to see a grand jury? The first clause to the Fifth Amendment discusses when a grand jury may be used. Unless a citizen has committed a federal crime, it is

Is the American Jury System still a Good Idea? In the American Judicial System today, there is a choice between trial by jury or bench trial. Trial by jury is used today by selecting jurors from pools of people who are eligible, adult American citizens. Trial by jury is often controversial because of how the jurors are not professionals whereas in a bench trial, a judge is highly educated in law (Doc B).

Juries according to dictionary.com consist of a group of people normally 12 individuals who are provided with facts about a court case in order to give a verdict. As a democracy, the United States has juries in certain cases in order to maintain law and order and for the right of freedom to be continually exercised by every American Citizen. Jury members are selected from a list based on their voter’s registration and or driver’s license to go through certain procedure to determine qualifications for jury duty. The procedure is called voir dire and persons who showcase bias, possible relation to the case, or are not fit to make decisions concerning the case are removed. Jurors are then given information on the case and get to listen to both sides of the case in order to make a conclusion.

The Constitution states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” ( US Constitution) As you can see, the Bill of Rights 6th Amendment allows the accused to understand the charges against them: the accused is told what he/ she is being accused of, who is accusing them, and is allowed to enter a plea of guilty or not guilty. Moreover, it allows for the movement of rightful convictions.

Jury Duty Jury duty is a very important obligation that every citizen of the United States has bestowed upon them. It is not only a responsibility, but a privilege to be able to serve on a jury. Jury duty is the most direct way to participate in the democracy and the legal system in the United States. Also, as was stated in the video that we watched in class, and then echoed by the person that I interviewed, it is important for the jury to consist of many different people with different backgrounds, and it is important that everyone in the community gets involved with the jury process.

Depending on the context, search warrants are a controversy for example; when entering a residence with the correct procedures that the law enforcement officer makes. To get a warrant, officers need consent and signed paper from the judge and with the state attorney. Overall there is the fourth amendment that safeguards the protection of the people and the right to issue a warrant with probable cause. In nature, there are certain requirements of a search warrant and some denies that right to search freely.

The Sixth Amendment in the United States Constitution is where we are promised: “the right to a speedy and public, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” Michigan’s Constitution under Section 14 is very similar: “The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. In all civil cases tried by 12 jurors a verdict shall be received when 10 jurors agree.” Some people see this as a civic duty and are proud to serve because they are told to do so in the constitution.

Later, the due process clause was used to merge the Bill of Rights to the states. The idea behind due process is that states cannot abolish citizen’s liberties without due process. Liberty comprises of the freedom of speech, press and religion and the right to an attorney if one is suspected of breaking the law. Today, states are unable to seize freedom from individuals. The Supreme Court has used the Due Process Clause of the 14th Amendment to say that the Bill of Rights encompasses not only the states as well as the federal government.

Citizen Required To Serve? Jury a group of citizens sworn to give a verdict in a legal case on the basis of evidence submitted to them in court. Being able to serve on a jury is an absolute privilege to do for some and one thing that makes this country very different and unique from others. Serving on a jury should not be required for citizens. Some people believe serving on a jury should be a requirement for every citizen.

It protects a person from being used as a witness against him or herself in a criminal case. In addition, the amendment prohibits government officials from abusing their authority during legal proceedings. It also protects individuals

To start off, the jury is an important role when it comes to going to trial. The Sixth Amendment gives defendants the right to an impartial trial. A jury trial usually consists of six to twelve personnel within the community. There is a process called voir dire in which the selected jury goes through a series of question to determine their mindset and to ensure that they aren’t favoring one side over the other. Both the prosecution and defense team have a chance to select and question the jury.

A comparison between the Due process model and crime control model Within the criminal justice system, there are two competing models: the crime control model and the due process model. These two models were constructed by Robert Packer and each represents a particular school of thought. In managing crime, there is the individual i.e. the suspect and there is the society. The due process model is seen to focus on the suspect whereas the crime control model focuses on the society. This paper analyzes these two models and based on the rate of crime in the society, makes recommendations as to which is the best model in criminal justice.

The due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary of life, liberty or property by the government outside the sanction of law. One of the pros of the Due process is that accused gets to enjoy all Constitutional protections of law and the entire process is fair and well balanced. However the con is that it takes the time, hardship on the victims and their families in having to be at every hearing.

This essay will briefly discuss the role of the jury and how it works, from the principle behind it, to the method with which members are selected, and to the powers available to jurors. Moreover, it will outline advantages and disadvantages of trial by jury, and it will point out a couple of ways which could ameliorate this type of trial. Trial by jury has been a part of the criminal justice system since the 12th century (Davies, 2015), it is considered an ancient right and a symbol of liberty (Hostettler, 2004). It creates no precedent and it can decide challenging cases equitably without making bad law, it also brings members of the public into the administration of justice and into an understanding of legal and human rights (Hostettler,