In the United States, a large majority of prospective jurors simply fail to report for service, and Fukurai conducted a survey in Japan two years ago that uncovered a similar aversion: 60 percent said they would be reluctant to serve on a jury.
Moreover, juror selection procedures can sway the makeup of judicial panels: In the United States, juror selection disfavors minorities, the poor, the young, the less educated, daily wage earners, and women, said Fukurai.
In collaboration with a Chinese judge, Fukurai found that lay assessors are far more likely than the general population to be college graduates, and farmers rarely serve.
Mexico's current proposal would actually restrict jury service to those who have college degrees. Nevertheless, Fukurai is encouraged by the results of a survey he conducted in Dallas, Texas, of 2, prospective jurors. Although only 40 percent of them had actually served on a jury, the overwhelming majority of those who did serve said it was a very positive experience. Editor's Note : Hiroshi Fukurai can be reached by e-mail at hfukurai ucsc. Last modified: August 20, UC Santa Cruz.
Juries can decide the facts in criminal and civil cases. Criminal case s are those where the government the state , county , or nation is prosecuting, or carrying out the legal action.
Defendant s in criminal cases are accused of committing crimes not allowed by the government, such as murder or robbery. Civil case s are those where one individual or organization is prosecuting another. Examples of civil cases a jury might hear are property and contract disputes. Civil cases usually involve money, while criminal cases can involve the possibility of imprison ment. After hearing evidence from the prosecution and the defense, juries decide the facts.
They are sometimes given specific rules, called jury instructions , from the judge in the trial. Jurors take notes during the trial, listen to jury instructions, then discuss the case with each other.
These discussions are called jury deliberation s. Jury deliberations are led by the leader of the jury, called a jury foreman. Juries return their verdict , or decision, to the judge. In some jurisdictions, the verdict must be unanimous , meaning all jurors must agree. In other jurisdictions, the verdict must simply reflect the majority. A jury that is unable to reach a verdict is called a hung jury. At this point, the judge declares a mistrial.
The case may or may not be retried. If a jury believes a law is unjust or unfair, it can reject that law. This controversial practice is called jury nullification. This happens rarely, and usually involves the jury allowing the accused person to be excused of the crime despite evidence of guilt.
Juries that practice jury nullification believe rejecting the unfair law is more important than punishing the person who broke the unfair law.
Judges do not support jury nullification. Jurors can sometimes be expel led from juries for considering the law itself, instead of the facts of the specific case.
In other countries, such as the United Kingdom, a similar situation exists. Its called jury equity and is tolerate d a little more than it is in the U. Legal Juries There are three major types of legal systems that use juries: common law , civil law , and religious law.
There is wide variation within each type of legal system. Canada also uses a common law system, and uses juries for the most serious types of criminal trials, such as murder.
India uses a common law system, but outlawed the use of juries in all trials in Most countries use civil law, in which legal decisions are made based on a collected series of rules, not judges or court cases. Russia has a civil law system that rarely uses juries for either criminal or civil trials. Indonesia has a civil law system that never uses juries. Few countries use religious law as a national legal system. It is most common in the Middle East , where countries look to the holy book of Islam , the Quran , for guidance.
This law, called Shariah and fiqh , allows for juries. Iran uses juries for some criminal cases. Other Types of Juries Less formal juries exist all over the world.
These juries are often used for judging good s and services. Local groups can select juries to judge the quality of local services, such as auto repair or hairdressing. Juried art shows can be very prestigious. The Venice Biennale , held every two years in Venice, Italy, was established in It is probably the most famous juried art show in the world.
The annual Cannes Film Festival s awards are decided by an international jury of film directors, writers, and actors who gather in Cannes, France, to judge the competition. Blue-ribbon juries are a unique type of non-trial jury. Blue-ribbon juries are often selected by the government, often in cooperation with nonprofit organization s.
Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes.
Expungement and Criminal Records. Should I just plead guilty and avoid a trial? Is the public defender a real lawyer? Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are?
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