Essay Title: 

Persuasive speech

March 28, 2016 | Author: | Posted in education, youth issues

Trial by Jury Should Be Abolished

Jury trial is one of the elements of the American criminal system that are the most debatable Lots of contemporary jurists believe that decision-making process in American criminal system should be changed radically . They say that twelve randomly selected people , who sit in the court , don ‘t have the needed qualifications for deciding whether the person is guilty of the crime he /she is accused of . Davis (1997 ) states that the jurists often don ‘t have enough experience , knowledge and qualifications they are often biased towards [banner_entry_middle]

the criminal . The author adds that the jury and the judges should swap roles : the jury has to be given power to decide the penalty for the criminal , and the judge will have to define whether the defendant is guilty or not

After thinking over this matter it becomes obvious that the right to decide in the criminal cases should not be given to people who have little preparation and knowledge of the U .S laws and criminal system

Reasons

The prosecution and defense have the opportunity to choose the individual jurors , until they have the jury composition they want

The principle of the random selection of people , and entrusting them with deciding the fate of the suspect criminal is dubious one for other reasons . It ‘s well-known , that in many districts the jurists are “stupid , feckless and illiterate ( Davies , K , 1993 ) Those people have little knowledge of jurisprudence moreover , they sometimes don ‘t have any education . Of course , some of the jurists are decent people , but lots of them aren ‘t clever and educated enough to make the right decision . No one in his senses will trust twelve randomly selected people to make a decision which is of vital importance to him or her like where to study , or whom to marry , but still we trust the matters of life and death , of freedom and custody to these twelve

Sometimes jurors acquit wrongly , or , moreover , falsely . There are lots of innocent men and women sitting in the jails throughout America just because the jury got it wrong . The studies by Edward Radin , Edwin M Borchard , Jerome and Barbara Frank etc , show , that the amount of such cases is enormous . Besides from the facts these authors discuss , there are numerous cases , which are of no interest to the news , book authors , or TV correspondents . There are alleged rapists , judged by women , with whom they had the close relationship in the past but later parted , small businessman , who were convicted because of the accounting mistakes they made , and other small people . They have to sit in the prisons , because the members of the jury are ordinary people inexperienced in jurisprudence or just stupid

Even when the jury is wrong , the appeal courts are reluctant to acknowledge and declare this fact . The appeal courts , where those , who were convicted by the jury , take their cases usually don ‘t pay attention to the facts and circumstances of the crime . Moreover… [banner_entry_footer]

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