Monday, November 4, 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 woo should be best determined by the applications programme of effectively defined principles and legislative enactments and should not merely depend on ad hoc decisions made by juries .The concept of panel stern rush along is as old as macrocosm . It is basically a proceeding in which decisions and findings of facts of a given over case atomic number 18 determined by a control board . Juries , upon the other plenty ar selected to re enter the cross-sections of the friendship (Hale Star V , McCormick 2000 ,.20-21 . thus , juries ar often regarded as peers of the accused because they belong to the very(prenominal) community where the accused also lives . Jury test are intentional t o provide a means of interjecting community norms and determine to the discriminatory proceedings by providing opportunities for the members of the community to validate and tribulation the pertinence of the communities statute . However , in nowadays s propagation , winning into consideration the major changes in our society and including its emerge complexities , I posit that the jury schema 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 multiplication because I believe that the justice arrangement should be compose of people who need 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 , mortals selected as jurors have no legal expertise . In my audit to courts , I observed that the jurors are a verage citizens and I incertitude if they r! eally 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 knowing lawyers who trained themselves to confuse and mislead the jurors by their colourful languages and speeches . some other reason why I aver that decisions should no endless 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 trust , religion , sex , age and race . Lastly , I believe that the jury system is no longer operable 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 quarry as it were before . Thus to a greater expiration often we end up with jurors , just like the juries I have seen in my visit to courts , to be bored , without social function and...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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