They also had the power to decide the merits of evidence and arguments. In the 19th century, judges gained greater control over juries and the role of juries became what it is currently; hearing evidence presented on both sides and determining the guilt or innocence of the accused.
The advantages of the jury system lie in the foundational elements articulated and supported by amendments and the Supreme Court. The Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial" (Landsman & Hastings 1992). A speedy trial was emphasized to avoid the accused languishing in prison for extended periods of time prior to a trial, or have the accused fate put off for an indeterminate amount of time. Further, the Sixth Amendment guarantees every citizens right to an impartial jury. The intent is that the prospective juries not enter into the trial prejudiced one way or the other even before the trial is initiated. The Supreme Court ruled that no class of people (based on race, ethnicity or gender), could be summarily excluded from jury service. In addition, the accused have the right to be tried in the same location where the crime was committed, to be informed of the charges against them, and they have the right to be confronted with the witnesses that will be testifying against them, in order that a proper defense can be prepared.
Moreover, the Fifth Amendment to the United States Constitution provides that no person shall "be subject for the same offence to be twice put in jeopardy of life and limb" (Landsman & Hastings, 1992). This double jeopardy clause means that no one can be tried twice for the same crime by either the state or federal government. However, it does not mean a person may not be tried twice for the same crime if that crime has indeed violated both state and national laws. In addition, the accused cannot be compelled to testify against themselves. The fact that someone elects to not testify on their own behalf may not be used against them by the judge or jury. This effectually supports that the burden of proof is on the state and the accused are considered innocent until proven otherwise with an evidentiary basis beyond a reasonable doubt.
The Fourth Amendment to the constitution maintains that due process ensures that no evidence procured from an illegal search and seizure can be used against the accused during trial. This ruling was designed to eliminate any incentive for police working in cooperation with the state to illegally obtain evidence.
With regard to the jury trial, at the federal level, 12 jurors have to render a unanimous decision. The criteria at the state level applies only to the most egregious and serious crimes. There are a number of states where the jury can be comprised of less than 12 persons and a unanimous verdict is not required.
Potential jurors are summoned to court and questioned in open court regarding their general qualifications to serve. Both the prosecutor and defense attorney are able to raise questions in an effort to determine if the juror is potentially biased or prejudiced in some way; as well as to determine if the juror is capable of rendering an impartial decision. This is both an advantage and a weakness of the jury system. The advantage of this process lies in the fact that jurors are openly questions and thereby openly selected. This may serve to eliminate any clandestine arrangements between the prospective juror and either the defense or prosecuting attorney. Another advantage of this process is that the number of challenges or causes for dismissal of a juror is limited; with the judge ultimately determining if the causes are valid. The disadvantage in this part of the process is that there really does not have to be 'credible' evidence of a juror's inability to serve,...
In this case, individuals are entitled to produce goods and services to meet their human need instead of private profit (Wolff, 2012). Prevention for Power and Privileges under Social Contract: While social contract provides power and privileges to all members of the society, ordinary people are usually prevented from executing the power and privilege that they are entitled to through various ways. Some of these ways include the state's legitimacy claims
Also, a very liberal strategy like the one that Mexico took after the NAFTA agreements is dangerous to a newly independent state. Extreme liberalization worked well for Mexico because a large and confident Mexico felt like it could benefit greatly from increased trade and labor transfer with the United States, without being pushed around in the agreement, and Canada helped to maintain neutrality. The Joyan Islands, on the other
Republicans construed Obama as suggesting government bailouts for new industries, or at the slightest a more lively federal government function in generating or supporting jobs -- concepts abominations to a lot of conservatives. The Obama campaign countered the idea as political spin that does not replicate the president's feeling or meaning, pointing to full circumstances of the quotation as confirmation (Koch, 2011). Discuss the process of how a Bill becomes a
(Vancketta, 1999) The 'Changes' clause enables the Government "to make unilateral changes to the contract during performance, so long as those changes fall within the contract's scope." The Standard 'Changes' clause utilized in fixes price supply contracts allows the CO to make changes in writing to: 1) the drawings, designs, or specifications when the item is being specifically manufactured for the government; 2) the method of shipment or packing; or 3) the place
Lobbyists may accost legislators to directly influence their vote on a certain issue. Lobbyists fulfill the important role of providing information for legislators' decision-making, educating and forming public opinion, and even contributing to and testifying to certain legislations. Lobbyists are mostly involved in the electoral process through the use of political action committees (Magleby et al.). Creating the Constitution The original framers designed the Constitution for ordinary people who were not
Higher taxes for example relates to less income for basic needs. In terms of political ideology, it is obvious that the particular ideology of the government would affect the rest of the country. In terms of the United States, for example, the Republican government has a certain set of ideals in terms of issues such as abortion, religious ideology, and so on, that they tend to impose upon the population. In
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