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Tuesday, January 22, 2013

How Cases Should Be Decide- Juries, Legislative Presciption, Or Judicially Defined Princpals?

How Cases Should Be DecidedFrom the discussions and philander observations , it is my considered view that decisions of cases d in court should be best determined by the application of judicially defined principles and legislative enactments and should not merely depend on ad hoc decisions made by juries .The concept of panel foot rush along is as old as humanity . It is basically a proceeding in which decisions and findings of facts of a given case atomic number 18 determined by a control board . Juries , upon the other plenty ar selected to re enter the cross-sections of the community (Hale Star V , McCormick 2000 ,.20-21 . olibanum , juries are often regarded as peers of the accused because they belong to the very(prenominal) community where the accused also lives . Jury test are designed to provide a means of interjecting community norms and determine to the judicial proceedings by providing opportunities for the members of the community to validate and tribulation the applicability of the communities statute . However , in nowadays s propagation , taking into consideration the major changes in our society and including its emerge complexities , I posit that the jury system failed to catch up to the judicial needs of cases d before the courts of justiceIt is my considered view that decisions arrived by juries are no long-lasting that applicable in today s generation because I believe that the justice system should be composed of people who have deep fellowship and recognize in the field of law . By using the jury system we are in fact placing the burden of belief on the mind of an average and untrained citizen . Often time , persons selected as jurors have no legal expertise . In my visit to courts , I observed that the jurors are average citizens and I doubt if they really have an in depth knowledge in law and jurisprudence .
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Thus , having no fit legal knowledge they can get easily swayed and persuaded by clever lawyers who trained themselves to confuse and mislead the jurors by their colourful languages and speeches . Another reason why I aver that decisions should no longer be placed to the hands of a jury is that , jurors have the tendency to be swayed by prejudice through application of racial considerations , gender orientations and biases . In the court trial I saw , I observed that the jurors are not at all diverse in race , waken or age . Thus , the fate of an accused or the person in court is left to the hands of a layman that is often guided by his own own(prenominal) biases and beliefs regarding his own creed , religion , sex , age and race . Lastly , I believe that the jury system is no longer viable in today s courts because of the realities that are present in the system , which is the picking of the jury is no longer as objective as it were before . Thus to a greater extent often we end up with jurors , just like the juries I have seen in my visit to courts , to be bored , without intimacy and...If you want to get a full essay, order it on our website: Ordercustompaper.com

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