Abstract
The purpose of this paper is to initially explain the jury system of America and then further progress with explaining the white-collar crime and civil cases and the pros and cons of the trial cases by jury.
Introduction
A jury trial is a trial where a jury, made up of citizens who are usually randomly selected and are generally not justice professionals, supplements a judge or judges. Juries are most commonly associated with common law jurisdictions. However some civil law jurisdictions also involve juries or lay assessors. One of the most influential clauses of Magna Carta, signed by King John in 1215, was Article 39, according to which:
“No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land.” (Geis, G. & R. Meier. 1977)
Pros and cons of jury case
In countries where jury trials are common, they are often seen as an important check against state power. Many also believe that a jury is likely a more sympathetic hearing, or a fairer one, to the defendant than representatives of the state would. This last point may be disputed. For example, in highly emotional cases, such as child rape, the jury may be tempted to convict based on personal feelings rather than on conviction behind reasonable doubt. Former attorney, then later minister of Justice Robert Badinter remarked about jury trials in France that they were like riding a ship into a storm, because they are much less predictable than bench trials.
Another issue with jury trials is the potential for jurors to be swayed by prejudice, including racial considerations. An infamous case was.......
