Assignment 8.0_The Jury

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Eastern Gateway Community College *

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PLG210

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Law

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Jan 9, 2024

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docx

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2

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Amanda J Johnson PLG 210 December 12, 2023 Assignment 8.0: The Jury How should members of a jury be selected? Jurors are selected randomly from the district where the trial will be. Most jurors are chosen from voter registration lists, tax records, and driver's license records. To decide if the person is qualified to serve on a jury, they are asked to fill out a questionnaire. Those who meet the requirements are chosen at random to receive a jury duty summons. Picking jurors at random is certainly working, however, the state should be adding people who are utilizing public aid benefits. This would be beneficial in a few ways. There are many people who are on public aide that do not work, therefore have the time to be on a jury. This would help the people that do work to not have to take off a day to sit and wait to see if they are chosen. There are many people getting benefits that don’t vote, pay taxes or have a valid license. This would add a significant amount of people to choose from. This would also benefit those that are called several times a year to appear on a jury. There are many people that I know that have been called several times in a year, when I have been only called one time in my life. What provisions in the U.S. Constitution require trial by jury in criminal cases? The Sixth Amendment promises the right to be able to have a trial by jury for criminal defendants who are being charged with non-petty crimes. Article III of the Constitution also provides jury trials in criminal cases. The Fourteenth Amendment, in the Due Process Clause, lets defendants have a trial by jury. They may waive these rights if they so choose to do so, and agree to a trial by judge only. A valid waiver requires the consent of the defendant, the consent of the court and the prosecution. Do you think the risk of jury nullification undermines the legitimacy of the trial process? Jury nullification happens when the jury finds that the punishment violates a moral code or is inhumane because of the circumstances of the crime. Typically, this leads to a a result of not guilty. Even if the jury believes that the defendant is. Personally, I do not consider the trial process is less legitimate due to the jury's nullification. Laws can also be altered through jury nullification. Should the jury system be changed from public records to one that relies on a group of trained jurors who are paid for their service? Why or why not? In terms of jury selection, a random list of registered voters from the surrounding area is appropriate. Although I do think that we need to add those that are not tax payers that are on public aid, as well as the large amount of people that do not currently vote. If we consistently used the same people for the jury, and then paid them as employees, there may be a bias that begins to happen. Since bias is a major issue, the selection process and interviews of the potential jurors plays a very important role of the court system.
What is the intent of the phrase, "beyond a reasonable doubt"? How does this concept impact trial proceedings and the outcome of trials? The prosecution is obligated to prove the defendant's guilt beyond a reasonable doubt. To convict, the prosecution must meet this burden of proof. The prosecution must show the jury that there is no additional evidence to support the defendant's guilt of the alleged crime. The accused cannot be found guilty if the jury is not able to prove beyond a reasonable doubt that they are guilty of the crime that took place. Sources: Davenport, Anniken. Basic Criminal Law: The Constitution, Procedure, and Crimes. 5/e. Pearson. "Article III." Legal Information Institute, Legal Information Institute, https://www.law.cornell.edu/constitution/articleiii. "Beyond a Reasonable Doubt." Legal Information Institute, Legal Information Institute, https://www.law.cornell.edu/wex/beyond_a_reasonable_doubt.
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