Is Jury Nullification Essential Power Or Serious Shortcoming - Free Essay Example

Sample details Pages: 6 Words: 1667 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Topics: Act Essay Did you like this example? A key feature of the jury is that it must have impartiality and there is an argument that an accused person has the right to expect that the trial will be conducted by an impartial jury.  [1]  This is evidentially accurate as the whole concept of jury nullification would be severely undermined if there was a lack of impartiality, as a bias could lead to a dubious non guilty verdict even when all the evidence points to a guilty verdict or vice versa, and the argument, although it lacks any factual evidence, is still crucial as it is a fundamental principle of the jury, and is therefore an assumption that could not be doubted. The idea of jury nobbling is a critical threat to the impartiality of the jury, as, for example, offering bribes or putting a juror in fear of physical harm, could potentially create an unjust bias and produce gross injustice by acquittals of the guilty.  [2]  In addition, there is an emphasis on that the concept of majority verdicts s hould not be allowed to affect any individuals decision, and in the event of not being able to decide a verdict, then that is what the verdict should indeed be.  [3]  Again, this is a furthering of the idea that a jury should be impartial and each juror having their own individual opinion and the argument so far strongly suggests that jury nullification is possibly a serious shortcoming of the system of jury trial as the potential for unjustness is high. A historical example of this is the majority view of the public post 1832 Reform Act, where the jury was viewed to have to the potential to be undemocratic and that they were a threat to the subjects right to be tried by a law which in nature was predictable and certain.  [4]  The argument that one of the defining features is that the jury sits in judgment not only upon the defendant but upon the law itself is threatened by this view as the jury is obviously not certain and predictable, so by the jury sitting upon the law wh ich is supposed to be certain and predictable, with the added possibility of the jury being able to contradict the law through nullification, it does begin to amount to something which may well be drawn to be questionable. Furthermore, the selection process in the United Kingdom demonstrates how jury nullification could be a shortcoming of our system, although to demonstrate this shortcoming there is need for comparison with the system in the United States. Before the jurors are called for service, first through random selection, they are obliged to fill in a questionnaire, highlighting any potential bias towards the case in hand, and making sure that there is a cross-selection of people, eliminating any potential discrimination and thus attempting to create a just jury.  [5]  This is of great importance in making sure that the end result given is fair and is significantly different to the United Kingdoms selection where it is random with just some exceptions, but all in all is a much more anonymous affair than the United States selection process.  [6]  This selection could be said to be undermining the Human Rights Act 1998, with the right to a fair trial, with the right to an impartial and unbiased judiciary free from any pressures being given in article 6 of the European Convention on Human Rights 1950.  [7]  8If the United States system could be applied to this then it would confirm these rights, but in the United Kingdom the lack of inquisition into the jury prior to the confirmation of selection undermines them and could potentially neglect some of the deeper prejudices and biases amongst the 12 people. Another major feature in the jury is propriety, and it can be said that impropriety in a jury could lead to biased results occurring and in the article The Criminal Jury in England and Scotland: the Confidentiality Principle and the Investigation of Impropriety there is a study about whether deliberations should be recorded or not.  [9 ]  One cannot have a rule that operates in one way where the jury acquits but operates differently where they convict  [10]  is a statement made by Lord Hope in the case R v Mirza is raising the argument of consistency in the jury, that if there was the review of deliberations in acquittals then why not in convictions.  [11]  Although it is against the argument so far, is a pretty valuable addition to the argument against jury nullification as it is coming from a judge, and therefore obviously has a great precedence behind it due to the nature of the job and from the point of common sense, it most definitely is a reasonable point to make. His quote is scrutinised in the article, and it is argued that if the legislation in Britain was changed and video recordings of juries deliberations could be reviewed in the event of an acquittal then they would be able to monitor the reasoning for an acquittal and stop acquittals in the event, for example, that a jury or juror openly di smisses the evidence given and decides to acquit a defendant dishonestly or unjustly.  [12]  Although Lord Hopes statement is completely just and valid, the argument against his statement is also a valid idea, even though the argument could have been strengthened by evidence given in support of P. Fergusons idea that legislation could be enforced as to video recordings only being used in cases of acquittal. Evidence which supports this argument is the procedure of the jury in court, that if a jury gives a not guilty verdict then they will not be asked whether it is unanimous or by a majority, but if a guilty verdict is given then they must say whether it was unanimous or by a eleven to one or ten to two majority.  [13]  This evidence shows that there can be, in jury trials, one rule for one outcome, and another for the opposite and if this was to be applied to the issue of the review of deliberations then it could be said that there could indeed be one rule for acquittals an d another rule for convictions, as convictions are based on the evidence given whilst nullifications ignore the evidence and the letter of the law and acquit a defendant anyways the deliberations into acquittals would therefore be able to weigh up the justness of the ignorance. However, although so far only the shortcomings of jury nullification have been commented upon, the idea cannot simply be dismissed as it does have some importance and significance in the United Kingdoms system. An argument for this is given with the hypothetical situation of removing the jury and allowing the judge to enact this power himself.  [14]  In this, it is argued that the judge doesnt have as much social conscience as a jury, and although the social conscience could lead to some prejudice, it is a risk that must be taken to ensure a fair trial and that the power given to a jury that puts them above the law should not be given to a single person or institution as absolute power absolutely corr upts, but with the power lying beneath the jury they tread so swiftly they dont burn their feet.  [15]  This first point referring to social conscience is undoubtedly true as the 12 people on a jury obviously would have more of a diverse range of social ideas than a single judge, however the argument of prejudice can be questioned. If, as article 6 the European Convention on Human Rights 1950 states, that the defendant has the right to a trial by an independent and impartial tribunal established by law  [16]  , then there is absolutely no manoeuvrability in the fact that there should be no prejudice, otherwise the term impartial would become utterly undermined, and therefore a breach of the European Convention on Human Rights 1950, and thus the Human Rights Act 1998, would occur. Also, the idea that absolute power absolutely corrupts and therefore the power to ignore evidence should not be given to a single person is unfounded as there is no reasoning or consideration behind it, for example, to why this power should not be given to someone with a higher knowledge base than to 12 people with a much lower knowledge of the subject. Of course there is need for social conscience, but the inference from this argument that social conscience comes above the law is unreservedly absurd and furthers the idea that jury nullification is a shortcoming of our system. Overall, in the United Kingdoms system of juries there is one fatal flaw running through the idea of nullification bias. It may be argued that the jury sits above the law as the absolute power given to them is just, due to their greater social conscience but this furthers the idea of prejudice.  [17]  With impartiality being key to a jury, this idea threatens the impartiality and undermines nullification as there is a strong need to make sure any acquittals are fair and just so that a guilty man is not wrongly acquitted, and many features of the jury, such as the anonymous selection without a gre at deal of questioning, could actually promote bias amongst juries. This is not to say the idea of nullification is a complete shortcoming as there is some significance attached to the fact that people have the right to a fair trial, meaning that nullification could provide the person with the trial being fair, and therefore jury nullification indeed has some importance.  [18]  However, legislation could be put into place to monitor and review acquittals, such as the recording of deliberations and consequently the reviewing in the event of an acquittal, to reinforce the acquittal being just and preventing any bias or prejudice affecting the outcome of the trial.  [19]  In conclusion, it is submitted that whilst jury nullification is a necessary function in the United Kingdoms system of jury trial, at the moment the flaws outweigh the advantages making it a shortcoming unless action is taken. Word count: 1961. Don’t waste time! Our writers will create an original "Is Jury Nullification Essential Power Or Serious Shortcoming" essay for you Create order

P.s Effective Pl Iuroticism, And Emotions - 1472 Words

P.’s combination of neuroticism and extraversion scores, the affective plan, show that P. is an introvert. As such, she enjoys the quiet of solitude and solitary activities. With that profile P. might have a few close friends, which keep the commotion of being around others to a minimal level and thus keep her emotional reaction leveled. P. is average in the openness domain (51). She is highly open to fantasy (64), which compensate for her lack of extraversion. As an imaginative individual, P. uses fantasy as a way of creating a richer, more interesting world. Her scale score in aesthetics is average (52) which put her interest in art and beauty at an average level. Her openness to feelings is very low (33). P. has low receptivity to her†¦show more content†¦Dutifulness (48), achievement (45), self-discipline (54), and deliberation (46) are average. P.’s agreeableness scale score is low (35). Her trust scale score is very low (32). She tends to be skeptical and to assume that others may be dishonest. P.’s straightforwardness is also very low with a scale score of 30. Those two facets seem related. Because P. see others as untrustworthy she is more guarded in expressing her true feelings and can play with the truth as a mean of protection. Another facet that can be impacted by trust is altruism. P.’s scale core is low (35), which makes her more self-centered. Her scale score on compliance (46), modesty (50), and tender-mindedness (49) are average. Overall, her interpersonal tendencies are to be skeptical of other’s intentions. She considers herself realist, making rational decisions based on cold logic rather than feelings. She will fight for her own interests more than for those of others. As discussed, P.’s score in self-consciousness is her highest score with a scale score of 67. This score makes this facet very high for her. As a counselor, a high level of self-consciousness can create social anxiety, which can make it a challenge for her to run groups. Her insecurity can keep her focus on her and her emotions rather than on the group itself. This facet can also have her second-guess herself especially early in her practice. On another hand, this facet will provide her with more empathy with clients suffering from

Muslim Article Free Essays

The New York Times article â€Å"Congressman Criticizes Election of Muslim† (Swarns 2006) reported on the criticism made by Virginia’s Republican Congressman Virgil H. Goode Jr. on the recent election of Minnesota Representative Keith Ellison. We will write a custom essay sample on Muslim Article or any similar topic only for you Order Now According to Rep. Goode Jr., the election of Keith, a Democrat and the first-ever Muslim to sit in the United States Congress, is a grave threat to traditional American values. Goode’s warning, contained in a letter addressed to his Virginia constituents dated Dec. 5, 2006, asked Americans to â€Å"wake up† or face the likelihood of more Muslim elected officials that would demand â€Å"use of the Koran†. He also called for the adoption of stringent immigration policies as a step towards the preservation both of this country’s beliefs and values and resources. Ellison, a former criminal lawyer and a convert to Islam, has planned to use the Muslim bible in January during his private swearing-in. Goode’s comments elicited criticisms of bigotry and intolerance from some Democrats in Congress and from Muslim Americans as they pointed out that the official swearing in of officials, in contrast to private swearing in,   do not use religious texts. For his part, Ellison pointed out that he is no immigrant, saying that he’s an African-American whose roots goes â€Å"back to 1742†. He also said he is a politician and not a religious scholar such that Goode has â€Å"nothing to fear†. This article of the New York Times gave a rather fair coverage as it observed the journalistic standard of presenting both sides of an issue. The article gave space to both Goode’s and Ellison’s statements and counter-statements, attempting to do so from an objective viewpoint. As for the issue of Islam or being Muslim depicted by the story itself, there are obviously two conflicting sides, two opposing viewpoints. The side of Rep. Goode adopts the position that Islam in the country, or at least the practices of Islam (as the use of Koran, instead of the Christian Bible in swearing-in), poses a considerable threat to traditional American culture. He even insinuated that Muslims, along with other immigrants, are a burden to the United States. On the other, the coverage of Ellison and his sympathizers show that Muslim Americans, who could be good citizens, are welcome in this country. U.S. Congressman Criticizes Election of Muslim By RACHEL L. SWARNS Published: December 21, 2006 WASHINGTON, Dec. 20 — In a letter sent to hundreds of voters this month, Representative Virgil H. Goode Jr., Republican of Virginia, warned that the recent election of the first Muslim to Congress posed a serious threat to the nation’s traditional values. Skip to next paragraph Representative Virgil H. Goode Jr., left, said Keith Ellison’s decision to use a Koran in a private swearing in for the House of Representatives was a mistake. Mr. Goode was referring to Keith Ellison, the Minnesota Democrat and criminal defense lawyer who converted to Islam as a college student and was elected to the House in November. Mr. Ellison’s plan to use the Koran during his private swearing-in ceremony in January had outraged some Virginia voters, prompting Mr. Goode to issue a written response to them, a spokesman for Mr. Goode said. In his letter, which was dated Dec. 5, Mr. Goode said that Americans needed to â€Å"wake up† or else there would â€Å"likely be many more Muslims elected to office and demanding the use of the Koran.† â€Å"I fear that in the next century we will have many more Muslims in the United States if we do not adopt the strict immigration policies that I believe are necessary to preserve the values and beliefs traditional to the United States of America and to prevent our resources from being swamped,† said Mr. Goode, who vowed to use the Bible when taking his own oath of office. Mr. Goode declined Wednesday to comment on his letter, which quickly stirred a furor among some Congressional Democrats and Muslim Americans, who accused him of bigotry and intolerance. They noted that the Constitution specifically bars any religious screening of members of Congress and that the actual swearing in of those lawmakers occurs without any religious texts. The use of the Bible or Koran occurs only in private ceremonial events that take place after lawmakers have officially sworn to uphold the Constitution. Mr. Ellison dismissed Mr. Goode’s comments, saying they seemed ill informed about his personal origins as well as about Constitutional protections of religious freedom. â€Å"I’m not an immigrant,† added Mr. Ellison, who traces his American ancestors back to 1742. â€Å"I’m an African-American.† Since the November election, Mr. Ellison said, he has received hostile phone calls and e-mail messages along with some death threats. But in an interview on Wednesday, he emphasized that members of Congress and ordinary citizens had been overwhelmingly supportive and said he was focusing on setting up his Congressional office, getting phone lines hooked up and staff members hired, not on negative comments. â€Å"I’m not a religious scholar, I’m a politician, and I do what politicians do, which is hopefully pass legislation to help the nation,† said Mr. Ellison, who said he planned to focus on secular issues like increasing the federal minimum wage and getting health insurance for the uninsured. â€Å"I’m looking forward to making friends with Representative Goode, or at least getting to know him,† Mr. Ellison said, speaking by telephone from Minneapolis. â€Å"I want to let him know that there’s nothing to fear. The fact that there are many different faiths, many different colors and many different cultures in America is a great strength.† In Washington, Brendan Daly, a spokesman for the incoming House speaker, Nancy Pelosi of California, called Mr. Goode’s letter â€Å"offensive.† Corey Saylor, legislative director for the Council on American-Islamic Relations, criticized what he described as Mr. Goode’s â€Å"message of intolerance.† Representative Bill Pascrell Jr., Democrat of New Jersey, urged Mr. Goode to reach out to Muslims in Virginia and learn â€Å"to dispel misconceptions instead of promoting them.† â€Å"Keith Ellison serves as a great example of Muslim Americans in our nation, and he does not have to answer to you, to me or anyone else in regards to questions about his faith,† said Mr. Pascrell, whose district includes many Arab-Americans. The fracas over Mr. Ellison’s decision to use the Koran during his personal swearing-in ceremony began last month when Dennis Prager, a conservative columnist and radio host, condemned the decision as one that would undermine American civilization. â€Å"Ellison’s doing so will embolden Islamic extremists and make new ones, as Islamists, rightly or wrongly, see the first sign of the realization of their greatest goal — the Islamicization of America,† said Mr. Prager, who said the Bible was the only relevant religious text in the United States. â€Å"If you are incapable of taking an oath on that book, don’t serve in Congress,† Mr. Prager said. In his letter, Mr. Goode echoed that view, saying that he did not â€Å"subscribe to using the Koran in any way.† He also called for ending illegal immigration and reducing legal immigration. Linwood Duncan, a spokesman for Mr. Goode, said the Virginia lawmaker had no intention of backing down, despite the furor. â€Å"He stands by the letter,† Mr. Duncan said. â€Å"He has no intention of apologizing.† How to cite Muslim Article, Essay examples

Jane Austen Quotes Essay Example For Students

Jane Austen Quotes Essay The following is from The Explicator, a subscription journal available through Herrick’s research databases:Jane Austens irony is endlessly challenging to those of us who like to grasp just how an author achieves distinctiveness and who then want to tell others what we think we have found. No slight part of her ironic effect stems from her use of the free indirect style (style indirect libre), as Graham Hough,(FN1) among others, has shown. The quote below is from Studies in English Literature, another journal available through Herrick’s research databases:If Mariannes later walks at Cleveland do receive a faintly satirical treatment, it is not because she seeks out the nocturnal sublime, but because she cultivates it at the expense of prudenceand even then the judgment hinges on the issue of degree. After all, even the poets of sensibility contemplate the effects of rain from a distance, as when, in the Ode to Evening, William Collins takes refuge in a hut. Here’s a little Jane Austen biography stolen from the Gale Group:Jane Austen was born in 1775 at Steventon, in the south of England, where her father was rector of the parish. She was the seventh of eight children in an affectionate and high-spirited family. In 1801 she moved to Bath with her father, her mother, and her only sister, Cassandra. Here’s the beginning blurb from a paper available at www.megaessays.com. Unfortunately, I didn’t want to pay $15 to see the whole essay. Jane Austen has attracted a great deal of critical attention in recent years. Many have spoken out about the strengths and weaknesses of her characters, particularly her heroines. Austen has been cast as both a friend and foe to the rights of women. English Essays