Juries are a fundamental institution within Canadian law and decide a large portion of important cases‚ changing many lives. Considering that a jury is simply a group of citizens who appeared to be the right fit for jury duty on a list‚ do we place too much power in their hands? This paper looks at the jury’s power of nullification and why it should or should not continue to be a part of the Canadian justice system and if it should‚ how can we improve it? Drawing on real cases and scholarly journals
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this as a form of trafficking and thus charged him afterwards. The jury found it was hard to convict the man because of his good intentions but the judge at trial clearly stated “retire to the jury room to consider what I have said‚ appoint one of yourselves to be your foreperson‚ and then to return to the court with a verdict of guilty.” The judge at trial directed the jury to follow his instructions and to accept the verdict. Justice
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Even though most people believe that the jury system is a necessity to having a fair trial‚ I believe the exact opposite. I believe that the jury is made up of 12 people that have no clue what they are even doing there. Ben Shapiro‚ a writer from The Patriot Post once wrote‚” The problem with juries is that they are generally composed of the 12 people stupid enough to get out of jury duty.” I say that if we want to keep the jury system around‚ we have to make improvement to it. We need to educate
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Jury Nullification Paper Luis Moreno CJA/334 8/14/2014 In this paper I am going to explain whether ethnicity influences courtroom proceedings and judicial practices‚ and give some examples of ethnicity-based jury nullification‚ a sanctioned doctrine of trial proceedings wherein members of a jury disregard either the evidence presented of the instructions of the judge in order to reach a verdict based upon their own consciences. It espouses the concept that jurors should be the judges of both
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THE JURY SYSTEM THE NATURE AND COMPOSITION OF THE JURY The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally‚ the jury system has been viewed as a cornerstone of common law procedure. However‚ the use of the system of trial by jury is on the decline. Today‚ its use differs‚ depending on whether (a) it is a civil or criminal matter‚ and (b) in criminal matters‚ whether it is a summary or an indictable
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There has been as much praise as there is criticism of the jury system. Most critics doubt the competence‚ rationality and motives of the jury system alleging its only “claim to legitimacy is its archaic root.” Other critics question the ability of the jury system to adapt to complex issues in the modern world coupled with the impact of internet. However‚ much of this criticism of the jury is not supported by any empirical research. It appears that these criticisms are mainly just “made by appeals
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Trial by jury is a legal proceeding in which the guilt or innocence of the defendant is determined by a jury. It is opposed to bench trial that all final judgments are made by a judge. In Hong Kong‚ as it is under the common law system‚ jury trials are used in serious criminal cases and also some civil cases‚ like murder‚ manslaughter‚ rape‚ civil fraud and defamation cases etc. In addition‚ the jury is formed by a group of eligible citizens which is selected by local population. The criteria for
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learned that rather than accepting law as an abstract system of equality‚ predictability and certainty. It is more logic to understand law as a system in practice. Law can be inaccessible‚ arbitrary‚ and ambiguous. Law is related to a system
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blown opened and here came the jury. Just by looking at them Silver was already scarred for life. The jury had some of the most ruthless criminals ever. Charles Milles Manson is the founder of Manson Family group‚ involved in murder and burglary. Theodore Robert Bundy was an American serial
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receives the fairest trial possible. There is extensive screening before every jury is produced to make sure that there is no potential bias in any of the members that would hinder the objectivity and integrity of the case. Additionally‚ judges are intensely trained and sworn to carry out justice as impartially as possible. With that being said‚ time and time again juries and judges are frequently dispensing differing prison lengths for the same crime. While judges and juries may try to be as fair
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