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Jury Selection, 2007.
An analysis of jury selection strategies and rationale in the American courtroom today.
2,213 words (approx. 8.9 pages), 10 sources, MLA, £ 47.95
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Abstract
This paper contends that even jurors are just human and are prone to the same kinds of mistakes that all people make and that it is the responsibility of the courts and their officers to ensure that those who serve on juries possess the requisite qualifications to serve without prejudice. To determine what these qualifications are and how they are discerned during the jury selection process, this paper provides an overview of voir dire, case law and a discussion of how these play out in real-world settings today. A summary of the research and salient findings are provided in the conclusion.
Outline:
Introduction
Review and Discussion
Background and Overview
Controlling Legislation
Common Jury Selection Strategies
Conclusion
From the Paper
"Constitutional interpretations of the law vary according to the social context in which they are made, and this is clearly evident in the Supreme Court decisions over the years concerning jury selection. "Because of constitutional law's indeterminacy," Klarman (2004) advises, "social and political context matters greatly to constitutional interpretation, as the Court's decisions in the race area demonstrate" (pp. 448-9). According to this author, the Supreme Court addressed race discrimination in jury service for the first time in Strauder v. West Virginia (1880). In this case, the Court struck down a law that prohibited blacks from serving on juries; however, Klarman emphasizes that Strauder relied on the Fourteenth Amendment rather than the 1866 Civil Rights Act and focused on the civil rights of black defendants instead of the political rights of jurors who were excluded from service by virtue of their race."
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Race and Jury Selection, 2005.
A discussion of jury selection.
675 words (approx. 2.7 pages), 3 sources, £ 18.95
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Abstract
The paper considers the jury selection of an African American man charged with armed robbery. During the selection process a prospective juror is stricken by the prosecution in order to have a racially representative jury. The paper contains two essays, each with a compelling argument for or against the challenge, and both based upon the Supreme Court ruling in 1986, Batson v. Kentucky.
From the Paper
"In the case in question for this essay, the defendant is an African American male being tried for armed robbery. As the voir dire process is being undertaken, the prosecution exercised a preemptory challenge to strike the sixth prospective juror from consideration. The sixth juror was, like the defendant, an African American, as were three of the five jurors already selected. When asked to defend this motion and action, the prosecutor stated that the juror should not consist of a racial makeup that is disproportionate from that of the nation as a whole. In this case, the jury would be 80% African American which is far different from the racial makeup of the United States. As logical as this argument sounds, the judge need only look at the 1986 Supreme Court ruling, Batson v. Kentucky, to see that this is illegal and cannot be allowed during the voir dire process."
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Scientific Jury Selection, 2004.
This paper serves as a review of literature on efficacy of jury selection.
678 words (approx. 2.7 pages), 2 sources, APA, £ 16.95
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Abstract
In this article, the writer reviews literature on the efficacy of jury selection. The writer discusses the inherent problems in this matter. Further, the writer describes the process as a combination of science and intuition or guess work. The use of a jury consultant is also examined.
From the Paper
"Scientific jury selection is essentially partly science and partly intuition or guesswork. The science involved is a combination of sociology and psychology, as jury selectors have learned that the best predictors of juror behavior are the characteristics of the defendant in a particular case and the way the juror perceives those characteristics. Even when science is applied to this relationship however, predicting juror response is still a matter of some guesswork. Science can only lead to a prediction of juror behavior, it cannot guarantee that the ... "
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Racial Discrimination and Jury Selection, 2004.
An examination of racial discrimination in the jury selection of current American trials.
3,624 words (approx. 14.5 pages), 17 sources, APA, £ 69.95
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Abstract
Although American jurisprudence has held that a juror cannot be included or excluded on a jury on the basis of race, beginning in the mid-20th century, many observers suggest that the entire process today is riddled with loopholes that allow attorneys to ?shop? for jurors who will support their position based solely on racial considerations. This paper provides a review and discussion of the relevant literature on racial discrimination in jury selection, followed by a summary of the research in the conclusion.
From the Paper
"What is known is that the composition of a jury can make the difference between a guilty verdict and a defendant going free, with distinct differences being found between black and white juries. For example, a study conducted by psychologist Dennis Ugwuegbu determined that white jurors were more likely to find a defendant culpable of rape when he was black and the victim was white than in other racial combinations; on the other hand, blacks were more likely to find that a white defendant was culpable when the victim was black (Hans, 1986)."
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Jury Selection, 2005.
This paper examines the problem of racial bias in jury selection.
935 words (approx. 3.7 pages), 4 sources, MLA, £ 23.95
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Abstract
This paper explains that, before one piece of evidence is displayed and discussed, the jury, who must evaluate this evidence, are often flawed in their selection for only one reason---race. The author discuses two landmark cases, which ended up in the Supreme Court because of this racial imbalance that tainted the evidence presented: "Swain vs. Alabama" and "Batson vs. Kentucky". The paper relates that, on the other hand, in the OJ Simpson case, a jury with many blacks acquitted him after being urged in the closing arguments to nullify the jury ideal and to vote to acquit because the defendant is black and you, the jury, as blacks, have suffered at the hands of the police.
From the Paper
"First, "Swain v. Alabama", which arose from the 1962 prosecution of a black man "convicted and sentenced to death by an all-white jury for raping a white woman in Talladega, Florida Although 26 percent of the people then eligible for jury service in the county were black, no African-American had sat ion a trial jury since at least 1950." When it came time to select the jury that would try the case, however, prosecuting attorneys and sometimes defense attorneys used peremptory challenges to eliminate all of the blacks who were potential jurors. It is interesting to note that sometimes black defendants will instruct their attorneys to exclude blacks, believing that they would want to "show" their white fellow jurors that they could be just as severe on blacks as they could."
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The Impact of Movies on Juries, 2001.
This paper examines how courtroom scenes in movies have an effect on true jury selections.
1,400 words (approx. 5.6 pages), 8 sources, £ 32.95
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Abstract
This paper discusses how certain movies and television shows today that portray trials adequately and correctly to the public viewers but there are some details that are incorrect. The author discusses the correct way of selecting a jury, examining witnesses and introducing evidence into a trial, and looks at particular films which may affect the general public?s opinion of a trial by jury, such as ?My Cousin Vinny? and ?The Rainmaker?.
From the Paper:
"Movies and television display correct as well as incorrect details about the process of a trial by jury. The public?s perception can be easily influenced by watching movies and television that present incorrect details of trials. By learning the actual and correct process of a trial by jury, the public will become more informed of the errors presented in television and movies."
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The American Jury, 2008.
This paper explores J. Abramson and N. Finkel's ideas about the proper function of the jury in modern American society.
2,594 words (approx. 10.4 pages), 2 sources, APA, £ 54.95
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Abstract
The paper examines the works of J. Abramson in "We the Jury" and N. Finkel in "Commonsense Justice" who consider the role of the jury today. The paper explains these authors' concerns about jury selection and function in the criminal justice system in modern society. The paper also points out that neither Abramson nor Finkel determine concrete solutions that will alter the jury system appropriately. The paper is of the opinion, however, that the works are significant in that they provide evidence for society to consider regarding the future of the jury system.
From the Paper
"What is the proper function of the jury in modern American society? Two recent books, Abramson, We the Jury (2000), and Finkel, Commonsense Justice (1998) , consider this question and various subordinate issues that arise from the role and the control of juries in the modern setting. Jeffrey Abramson is a professor of politics at Brandeis University. In We the Jury, he undertakes a comprehensive study of the institution of trial by jury in America. In this study, he ranges from the role of the jury in the colonial period to issues of the impact of racial bias in modern capital cases. He explores the complex process of modern jury selection with all of its controversies, and makes a strong case for the importance of requiring unanimous verdicts in criminal cases. He also offers an extensive and cogent discussion of the current "fully informed juror" question, better known as jury nullification."
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Trial by Jury in the English Legal System, 2007.
A look at the English jury system.
2,145 words (approx. 8.6 pages), 16 sources, MLA, £ 46.95
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Abstract
This paper analyzes the role of the British jury system and investigates its effectiveness putting forward the arguments of many opponents. The paper suggests that, if the present due process model lacks "confidence in informal pre-trial fact-finding processes" then it would be wrong to believe that due process would be better served if the jury was abolished, for it is the jury which provides the forum for formal fact finding at trial. The paper concludes that if we blame the jury for the loss of due process to innocents that have been convicted and ignore the fundamental flaws of due process safeguards within the pre-trial system, then, ultimately, this disregard that will 'further legitimise and perpetuate miscarriages of justice'.
From the Paper
"The civil jury declined massively in the twentieth century, and the case of Ward v James established that trial by judge should be the usual mode of trial. It is significant, that today only 1% of criminal cases actually culminate in jury trial making the argument for juries somewhat a statistical irrelevance. It is therefore perhaps unfair to argue that juries convict too many innocent people when trial by jury is such a rare opportunity. A single wrongful conviction is considered as one too many, but although it is admirable to aim for a system that prevents a single miscarriage of justice to occur it is perhaps a little unrealistic. The role of the jury is to form a verdict drawn from only the facts presented at trial. No twelve good men or women would intentionally inflict a conviction on a person whom they knew to be innocent. To attribute the blame of a wrongful conviction to, and solely to, the jury is too simplistic an analysis; the role of the jury is to come to an honest conclusion about the facts presented at trial. If these facts are later found to be 'unsatisfactory' or 'unsafe' perhaps it is the criminal justice system itself, which 'helps to legitimise and perpetuate miscarriages of justice', and not the jury who are perhaps too often the victims of blame."
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The United States Jury System, 2004.
Explores the origins, history, and intent of the United States jury system.
1,627 words (approx. 6.5 pages), 6 sources, MLA, £ 36.95
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Abstract
This paper gives a brief description of the origins of the United States jury system and then goes on to explain how it works. The different types of jury systems are described and explained, how jurors are selected, the role of the jury, and the benefits and disadvantages of a jury system are all discussed in this paper.
From the Paper
"In United States courts, the jury is a system by which, in theory, defendants are given a trial that is fair and unbiased. The ideal is that twelve persons from the same peer group as the defendant will be able to deliberate without prejudice the position of the defense, and the outcome of the trial. In reality however it is often the case that jury members are unable to arrive at a logical and fair conclusion due to several factors beyond their control, including interference from court systems and the law."
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Trial by Jury, 2002.
This paper discusses jury trial procedures in the United States of America.
2,500 words (approx. 10.0 pages), 5 sources, APA, £ 52.95
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Abstract
In looking at the jury trial procedures in the United States of America this paper examines accusatory pleadings, jury instructions, the role of the judge and jury, the number of people on a jury, the prosecuting attorney's responsibility, the role of the defense attorney, the examination of witnesses, opening statements, administering the oath, the defense presentation, the prosecution's rebuttal, closing arguments, the charge, the deliberation and verdict, and sentencing the defendant.
From the Paper
"Although trial by jury is a basic American right, most of us have never made an attempt to perceive why that right was written into the Constitution and why this trial procedure is hardly ever found in other countries. The purpose of trial by jury, as specified by the Supreme Court is to prevent force by the government. To execute the role, jurors must act independently and faithfully, and they must be ready to say no if they believe that a prosecution would be unjust."
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Jury Nullification, 2005.
This paper offers a historical analysis of jury nullification and its current practice today by the black community.
4,050 words (approx. 16.2 pages), 12 sources, APA, £ 99.95
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Abstract
The paper provides a historical analysis of jury nullification and its current practice today by the black community. The paper explains the term "jury nullification" and contends that black juries in inner cities are unwilling to convict a black defendant of a crime because of a criminal justice system they consider racist and unjust.
From the Paper
"Jury nullification is an American constitutionally protected right that few people have ever heard of. Jury nullification occurs when a jury decides to acquit a defendant it believes to be guilty of the crime he has been charged with committing. In returning a not-guilty verdict, the jury willfully ignores the facts of the case as well as the judge's instructions regarding the proper procedure and the law and in effect votes its conscience."
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Jury Nullification, 1999.
Examines the right of the jury to ignore law and give a verdict based on conscience or compassion. Discusses the pros and cons, evolution of the concept and the issue of race.
1,125 words (approx. 4.5 pages), 7 sources, £ 27.95
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Abstract
"The issue of jury nullification has been raised with reference to several high-profile cases in recent years, bringing to the fore an argument that many in the public may not have known has long been raging in the legal community. Many see jury nullification as having taken place in the O.D. Simpson criminal trial where sympathy for the defendant produced a result many found untenable.
From the Paper
"The issue of jury nullification has been raised with reference to several high-profile cases in recent years, bringing to the fore an argument that many in the public may not have known has long been raging in the legal community. Many see jury nullification as having taken place in the O.D. Simpson criminal trial where sympathy for the defendant produced a result many found untenable. The idea has been raised by certain black legal scholars as a way for black juries to redress old grievances and send a message to the white power structure. It has even been cited by some in their argument over whether Bill Clinton should be impeached or, if impeached, tried in the Senate and removed from office. Jury nullification is simply the right of the American jury to ignore the law and make a decision based on conscience or a sense of compassion or forgiveness. Some see this ..."
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"The Runaway Jury", 2005.
A review of the film, "The Runaway Jury".
822 words (approx. 3.3 pages), 0 sources, £ 20.95
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Abstract
This paper examines how the movie, "The Runaway Jury," tells the story of a lawsuit for wrongful death made against a gun manufacturer and how, as the story unfolds, the viewer sees that both the defense attorney team and two people not directly related to this lawsuit are trying to manipulate the legal process in order to get the outcomes they prefer to see. In particular, it looks at how the movie suggests that our jury selection process, and hence our legal system, can be corrupted in a variety of ways.
From the Paper
"The movie illustrates potential ways to corrupt the trial process in several ways. While the efforts of the jury expert hired by the plaintiff's lawyers seem to work within the guidelines of the law, the viewer is given many indications that he cares little for staying within legal boundaries. He has a list of potential jurors before the jury selection process has begun, and he and his subordinates put tremendous effort into finding out all they can about them prior to jury selection. While this may not be illegal, the character, Mr. Finch, says, "Trials are too important to be left up to juries," and "Everybody has a secret they don't want you to find." After the jury has been selected, his team begins to dig to try to find personal secrets they can use against the jurors to influence their votes."
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The Origins of Trial by Jury, 2003.
Discusses the origins of the modern-day jury trial from the systems of trial by ordeal and trial by combat from the medieval English system of trial and punishment.
4,285 words (approx. 17.1 pages), 7 sources, MLA, £ 78.95
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Abstract
The paper describes, in detail, the systems of trial by ordeal, including the various types of ordeals and how they were carried out, and shows the reasons for the creation of the modern jury trial system and how it was first implemented in medieval England.
From the Paper
"Although they are sometimes controversial, the rights of accused persons are among the most important rights guaranteed all persons residing within the United States. The right to a trial by a jury of ones peers is the heart of those rights guaranteed to accused persons. This is related to English constitutional history because it is here where we find the origins of the jury trial system. We will trace the ways in which accused persons in medieval England were tried, beginning with the various forms of trial by ordeal, trial by combat, and ending with trial by jury. Our discussion of the various forms of trial will follow the following form: 1) We shall first discuss trial by compurgation, its practice, and its limitations. 2) When possible we shall discuss trial by ordeal as a necessary alternative to trial by compurgation, as well as the historical origins of the various types of ordeals used in medieval England. 3) We will discuss trial by battle as an alternative to trial by ordeal and compurgation, its origins, and how it was practiced in medieval England. 4) We will discuss origins of trial by jury in medieval England and the reasons for how and why it eventually replaced the various forms of trial by ordeal."
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