Right to Trial by Jury
A trial by jury is a constitutional right in America. A jury trial involves a team of twelve ordinary people who are sworn to take part in and decide whether a party is guilty or not guilty for the violation charged. This was deemed important by the founding fathers, and as such, they included it in the highest law of the land. Obviously, there are some people who are opposed to this form of a trial since these twelve persons are not trained in law (Diamond, 2018). However, jury trial still remains a fundamental aspect of criminal law since every accused person has a right to it. This is pursuant to Amendments 6 and 7 of the Bills of Rights.
Jury trials are fundamental and useful in checking against the tyranny of government. Tyranny generally refers to oppressive power exerted by the government. It also occurs when a single ruler wields absolute power. The judiciary is an arm of government, just like the executive and the legislature. It can overrule or overturn any acts of government or laws which violate constitutional rights. Now, the judiciary can only do this if it is strong enough and free from bias. A healthy and sound jury trial option strengthens the judicial arm of government.
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Jury service is the closest chance citizens can get to voice their opinion in the judiciary. They can take part in decision making and ensure proper legal action is meted out in line with the constitution. The decision does not wholly lie with the government. Trials by jury check against this tyranny effectively. Winston Churchill described it as the "supreme protection invented by the British people for ordinary individuals against the state." With jury trials, the absolute power is conferred to citizens on the jury.
Jury trials also enable citizens to take part in the process of governance. They are involved directly in the process of administering justice. In their application of the law to various cases, citizens who serve in the jury get to connect with the constitution (Allen & Edwards, 2019) . They get to appreciate and acknowledge it as the highest law in the land. Jury service is indeed one of the most significant forms of democracy. It is quite commendable how citizens can be allowed to judge other citizens. It represents a version of a unique and true democracy by ensuring fairness and efficiency in the administration of justice.
Serving in the jury also helps people learn and understand about the justice system of the land. The trials give them more insight into what happens in a courtroom. They also learn to appreciate the justice system and what takes place in their communities. Citizens who serve on juries respect and understand the justice system more.
Jury trials are also essential to accused persons who wish that the final verdict be delivered by members of their community. It allows them a very fundamental right to choose. Others can also opt for the judge to pronounce the judgment since they may not wish their community members to know what crime they were charged.
Jury trials provide an alternative way for peaceful resolution of disputes. This is important since it increases diversity in approaches to resolving disputes. Most of these conflicts are common in the current modern times. These include divorce cases, contractual disputes, any personal injury that may arise due to negligence, and other employment disputes. In the event where all other means of resolving these disagreements fail, the jury trial may offer a peaceful approach to resolve the issue.
Jury Nullification
Jury nullification happens when a jury returns a ‘Not Guilty’ verdict even though it is believed that the accused was guilty of the violation charged. This power lies with the jury, yet most of the time, they are not reminded of their ability to exercise it in the court of law. The jury can return a verdict of 'Not Guilty' when they consider the law the accused is being charged under as being old and outdated. This is in accordance with their relation to modern times and how social aspects have changed over time. This, in criminal law, is essential because verdicts need not be pronounced based on outdated law that needs significant amendments. Also, instances, when the law is deemed immoral or incorrectly applied to the case, may warrant the 'Not Guilty' verdict. However, jury nullification has always been a complex subject in terms of the power and the rights of the jury.
Jury nullification is essential because it considers common sense, education, and life experiences of the jury members to alter the judicial system immediately without waiting for official reforms that might take time. When handling these cases, they can change the course of the law there and then (Dubber, 2014). What they deem the proper and sound course of action concerning the case they are presiding over is what will hold. They have this massive power to change what the law dictates, and it would not be challenged in any court of law. However, most members of the jury do not know that they possess this kind of power. The power affects not only the future of the accused but also the law itself.
Blind Support of the Laws
For some people, it is challenging to support particular laws after being charged under them. Worse still, some of these laws fail to apply to government and law enforcement officials. However, laws are very important. Laws are essential in resolving conflicts and disputes among citizens. Criminal law plays a significant role in maintaining order because it lets people know what to expect from others. Without it, chaos and disorder will rule the day. It is only with the rule of law in place that people can learn to live in harmony.
Criminal law also protects individuals and their property. Citizens who intend to cause harm to others are checked. It is also important in safeguarding people’s assets and ensuring they are not stolen. It is essential to support these laws because they impact positively on our social and economic lives. Furthermore, these laws are essential in ensuring the society functions smoothly. The government can efficiently collect taxes and perform other socially beneficial tasks. Criminal law also safeguards civil liberties by protecting individual rights.
References
Allen, M., & Edwards, I. (2019). Criminal law . Oxford University Press, USA.
Diamond, S. S. (2018). Coping with modern challenges and anticipating the future of criminal jury trials. Oxford Scholarship Online . https://doi.org/10.1093/oso/9780190658113.003.0014
Dubber, M. D. (2014). The Oxford handbook of criminal law . Oxford University Press, USA.
