There have been a number of high profile protests in the news recently as associated with police and others in the United States. One of the most important of these protests is one which is not as clearly visible as others. Unlike others, American Trial Jury Reform protests are often hidden behind closed doors.
Originally, the system became part of the Constitution because the Founding Fathers did not trust judges. Since, it has been a never ending battle between judges and those serving as to whom has the right to hand down a decision as to whether the defendant is found guilty, or innocent. The practice of believing an individual innocent until proven guilty is also one which has been lost somewhere along the way, though in reality remains law.
Once the jurors hand down a guilty sentence, the case is then handed over to a judge for sentencing. Either of these situations poses a moral dilemma with this process. In one, a judge is handing down a sentence decided by the jury; It seems then, any information the judge had prior to sentencing would not be considered in determining the severity or length of the sentence.
Criminal cases are often now argued in a hearing, or series of hearings when and where possible. Though, if a settlement can not be reached through hearings and mediation, then the next step is typically a trial. One big difference in mediation versus a court trial is that others do not get to review the same files and evidence.
If a trial takes places, judge and jury can often bounce off one another along with the defense and prosecution. When a judge gives instructions, the jury need follow; It can also be good to ask which are advisory, and, which are required. While witness tampering can be criminal in nature, there are also mistakes due to misunderstandings related to judicial instructions.
As all cases involve legal issues and matters which are private in nature, it is essential that there are also guidelines set related to the distribution of such knowledge. Generally, the instructions would be the same as in a court of law in which the jurors are commanded to not talk, or write about the case for a specified amount of time once a verdict is handed down in the case.
It is often at this point when a defendant would request a mistrial, or retrial depending on the circumstances involved. One thing reform could satisfy is the ability of judge and jurors to review all elements of a case. All items, or copies thereof, should then be made available to the courts for future reference, and as a guideline as to what is appropriate, and expected of all involved.
When it comes to reform, it can often take a long time to incorporate laws into action. As the world has seen, there are even those in law enforcement who can not be trusted. Something that has also been proven to the be case with at least one prison guard at the Montford Unit in Lubbock. Seems rather than learn how to care for the disabled inmate, it was easier to kill the sixth three year old man. Hopefully, if reform takes place, these and other issues will be incorporated with tough sentences for those behaving in such fashion, especially those with disabilities whom are no doubt much weaker than the guards who handle them.
Originally, the system became part of the Constitution because the Founding Fathers did not trust judges. Since, it has been a never ending battle between judges and those serving as to whom has the right to hand down a decision as to whether the defendant is found guilty, or innocent. The practice of believing an individual innocent until proven guilty is also one which has been lost somewhere along the way, though in reality remains law.
Once the jurors hand down a guilty sentence, the case is then handed over to a judge for sentencing. Either of these situations poses a moral dilemma with this process. In one, a judge is handing down a sentence decided by the jury; It seems then, any information the judge had prior to sentencing would not be considered in determining the severity or length of the sentence.
Criminal cases are often now argued in a hearing, or series of hearings when and where possible. Though, if a settlement can not be reached through hearings and mediation, then the next step is typically a trial. One big difference in mediation versus a court trial is that others do not get to review the same files and evidence.
If a trial takes places, judge and jury can often bounce off one another along with the defense and prosecution. When a judge gives instructions, the jury need follow; It can also be good to ask which are advisory, and, which are required. While witness tampering can be criminal in nature, there are also mistakes due to misunderstandings related to judicial instructions.
As all cases involve legal issues and matters which are private in nature, it is essential that there are also guidelines set related to the distribution of such knowledge. Generally, the instructions would be the same as in a court of law in which the jurors are commanded to not talk, or write about the case for a specified amount of time once a verdict is handed down in the case.
It is often at this point when a defendant would request a mistrial, or retrial depending on the circumstances involved. One thing reform could satisfy is the ability of judge and jurors to review all elements of a case. All items, or copies thereof, should then be made available to the courts for future reference, and as a guideline as to what is appropriate, and expected of all involved.
When it comes to reform, it can often take a long time to incorporate laws into action. As the world has seen, there are even those in law enforcement who can not be trusted. Something that has also been proven to the be case with at least one prison guard at the Montford Unit in Lubbock. Seems rather than learn how to care for the disabled inmate, it was easier to kill the sixth three year old man. Hopefully, if reform takes place, these and other issues will be incorporated with tough sentences for those behaving in such fashion, especially those with disabilities whom are no doubt much weaker than the guards who handle them.