A lot of politicians have attacked
the jury system and their verdicts. Do we need more checks and balances
in place to control jury verdicts?
Jurors are real people in our community. Jurors have no political ambition.
They are screened for bias during jury selection. If the verdict is excess,
the trial judge has the power to reduce the verdict. Also defense counsel
has the right to appeal the verdict, and it can be reversed on appeal
if it is not supported by the evidence.
Whenever, you start to limit or take away the power of the jury to decide
what is fair, you open yourself up to the potential for abuse and injustice.
How did the jury system develop?
In Europe, prior to the 1600s, juries did not exist. Someone accused
of a crime would be ordered by church tribunals to undergo an "ordeal," such
as holding onto a hot iron bar, or being dunked in freezing cold water.
How badly they were burned, or whether or not they sank or floated in
the water was thought to represent their guilt or innocence according
to the will of god. Duels were also used - if someone accused another
person of a crime, the two would meet in combat, with the winner declared
innocent.
Since these methods were open to corruption and politics, the system
of trial by jury developed around the time of the Enlightenment.
Historically, how does the concept of having a panel of jurors
reaching a decision, as opposed to a single judge, prevent corruption?
Historically, in rare circumstances, judges have been bribed or may
have political aspirations that affect their ability to render a correct,
but otherwise, unpopular ruling.
It is more difficult to influence or bribe several jurors, rather than
a single judge. So for example, in ancient Greece, the jury panel sometimes
consisted of hundreds of jurors.
What is jury nullification?
If government passes an unpopular law, juries can essentially invalidate
the law by refusing to indict or convict people who break it.
The infamous Salem Witch trials ended in large part because of jury
nullification. Eventually, citizens realized it was a horrible charade.
After 50 or more consecutive acquittals, officials eventually stopped
arresting people for witchcraft.
In the 20 th century, some states were forced into repealing Prohibition
when juries refused to convict anyone violating the ban on alcohol.
How important is the right to a trial by jury?
As we celebrate the 4 th of July , we need to remember that one of the
fundamental objectives of our Founding Fathers was to establish and preserve
the right to a trial by jury.
Governmental power is divided among the judiciary , legislative and
executive branches intentionally by the framers of our Constitution to
provide checks and balances.
Whenever, one branch of government tries to limit or control another
branch of government, there is a great potential for abuse of power.
Who will look out for your best interest, real people in our community
or big business? The jury really is the protector of our freedom.
Disclaimer
This information is general and may or may not apply to your situation.
The information contained on this web site is not to be considered as
legal advice. Since no two cases are identical, we recommend that you
contact an attorney in your jurisdiction to discuss the specific facts
of your case. Furthermore, since statutes and case law change so frequently
and due to information provided by other sources, we make no warranty
or guarantee concerning the accuracy of the content of this or any other
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