Is the American Jury System Really Fair?

The American jury system is a system that we all encounter very often in movies. This is usually done by the judge during the trial. consisting of 12 people An application involving a jury. The duty of this committee is to make a decision by examining the evidence presented during the trial. Of course, in this system, everyone questions: Is it right for people who know nothing about law and can be called “ordinary” to judge?

The jury structure of the Anglo-Saxon legal system is also applied in countries other than America. Last Johnny Depp and Amber Heard’s compensation case The remarkable jury practice has become one of the topics that everyone is curious about. We have clarified a lot about the jury system for you!

First, let’s look at where the jury system comes from…

jury system, US ConstitutionA right contained in . This right is mentioned in several articles.

The 6th amendment to this constitution is as follows:
“In all criminal cases, the accused shall have a speedy and public trial by an impartial jury of the state in which the crime was committed and of the district previously determined by law, and shall be informed of the nature and cause of the accusation; confronting witnesses against himself; shall have the right to bring witnesses into court to provide evidence in his favor and to employ a lawyer for his defence.”

The 7th amendment is as follows:
“In common-law cases where the amount in dispute exceeds $20, the right to trial by a jury shall be reserved, and a matter tried by jury shall not be retried in any court of the United States, except under the rules of the common law.”

As can be understood from these articles, trial by jury It’s actually a right. The person sitting in the defendant’s chair can decide whether he wants a judge to judge him or whether he wants to be judged by others like him. Jury trials from the perspective of the defendant positive sidethe defendant can be tried by those who look like him.

How many types of juries are there in America?

When the American jury is mentioned, the first thing that comes to mind is the juries in criminal cases, but in fact, in America, there are juries called petty juries and grand juries. There are two types of juries.

grand jury, The name given to juries in the investigation phase. This is not a jury we are very familiar with. Petty jury What we see is the juries in the court. These juries can take part in criminal cases as well as civil cases. this jury from 6-12 people is formed.

How does the jury system work in America?

The jury trials we see in movies or TV series are generally criminal cases. But in fact, there can be a jury in cases, regardless of whether they are criminal or civil cases. more than 6 months Anyone facing imprisonment has the right to request a jury trial.

To have a jury trial The first condition is that the defendant does not reach an agreement. If there is such an agreement between the defendant and the prosecution, it is obvious that there will be no jury because there will be no case. Again, the defendant must not give up his right to a jury trial.

The jury examines all the evidence presented throughout the case and hears from the defendant and witnesses. At the end of the case, he announces his decision. At the end of the case guilty or not guilty Their spokesperson explains the decision.

So, who chooses these juries and on what basis?

Jury selection is actually a simple event. of those who voted and there is a pool where those with a driver’s license are registered. People selected from this pool are called from the lists. After this, we can say that the real selection process begins.

Nominated jury In fact, the parties’ lawyers make the selection among the people we can call. Here “voir dire” A phase called ‘begins’. The purpose of this is to reach impartial juries. At the end of this elimination process, the remaining candidate juries become the main jury.

Lawyers have two rights when selecting jurors. One of these rejection with reason, the other is rejection without reason. In this process, lawyers, of course, try to obtain information about candidate juries and choose the ones most suitable for their case.

The “voir dire” phase is actually a very manageable phase. Bull Those who know the series know that the series tells about a consultancy company that tries to resolve the case in favor of its clients by directing the juries.

I wonder if this comes to mind, jury? Can it be manipulated? brings the question. This is one of the most fundamental problems of the jury system. Does such a manipulable system really provide justice? This is an issue that needs to be discussed…

Is this system fair? We hear you ask. How fair is the jury system, really?

The biggest concern with this system is Decisions made by people who do not know any law. In other words, judges make a decision based on their knowledge after studying for so many years. How can we put this responsibility on people who don’t know any law?

You may wonder how it makes sense to entrust a case to someone who does not know any legal terms. But the real issue is actually the reality of a concrete phenomenon. To determine whether the defendant committed the crime. We all try to solve the events while watching movies or TV series about murder at home. This is essentially an experience similar to being on a jury.

Another point that should be mentioned here is prejudice subject. Juries are frowned upon because they may be biased, but bias can happen to anyone, including judges. Here, it can be thought that the judge will not succumb to his prejudice because he is a professional. Another problem is that juries can be easily influenced by external factors such as social media. But publications like this It can also influence judges.

Injustices in the jury system are most often based on race and gender.

When we talk about the injustices of the jury system, we must always give priority to racial discrimination. Although racial and gender-based inequalities have been tried to be corrected over time, the problems still persist. To prevent these discriminations Batson rule A rule called ‘is applied. According to this rule, no party can use its right of refusal to purge the jury of certain races and genders.

What can be done against these injustices?

It is true that there are some unfair approaches in the jury system. Some ideas are being put forward to overcome this. One of them is juries choosing from a much more comprehensive pool. When selecting a jury, choosing from a list that includes less advantaged groups instead of lists seems essential for more accurate results. How much a diverse jury If so, it may be possible to get closer to the right decision.

In conclusion, would it be possible without the jury system?

Jury, American judicial system backbone in case. Jury duty, which is considered a civic duty, is also one of the important rights. Thanks to this right, members of the public are enabled to be included in the justice system. In this case, it may be more logical to improve and develop such an institution rather than eliminating it. Improvements can be made, especially by taking into account suggestions for racial discrimination.

Another question: In the Turkish judicial system Why is there no jury? Is our legal system suitable for this? This is also a much discussed topic. It is said that our legal system is generally not suitable for juries. But what are your thoughts on this subject, you can leave them in the comments.

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