Wednesday, November 20, 2019
Jury Research Paper Example | Topics and Well Written Essays - 750 words
Jury - Research Paper Example Justification of the reforms to a state legislature There have been various reforms initiated with the objective of promoting racial diversity in the composition of juries, so that effective decisions and proper, unbiased judgments can be made in the courtroom. However, the construction of the jurisdiction is also not without the criticism of racial diversity. In the American society, the minority class people are often allegedly ascertained to be treated in a bias manner, which further restrict justice on the basis of their rights and privileges as a US citizen. In this respect, the alleged discrimination amid minority and majority people has raised various ethical issues which include assaults and movements against the State (Minow, 1992). There are instances where the representatives of the juries have been witnessed to evolve their judgment with elusive goals. This raises significant concern with regard to the rationality of the judgment offered in the courtroom, where jurors bel onging to the same race as that of the defendant have been alleged to act with sympathy; while on the other hand, jurors belonging to other races tend to implement harsh treatments for punishing the convicts. Hence, it can be argued that the failures of appropriate jurisdiction processes are caused mainly due to lack of diversity in the configuration of jurors. Thus, maintaining a higher degree of racial diversity amid juries is most likely to contribute towards making effective and racially unbiased judgment in the courtroom. Subsequently, with the involvement of minorities and women as jurors, the judgment process may also obtain an enhanced efficiency in dealing with equality of rights and mitigating biasness to a substantial extent (SAGE Publications, 2013). An opponentââ¬â¢s response to the reform There is need for racial diversity in the jury system so that effective decisions can be made with equality and in an unbiased manner. However, from an opponentââ¬â¢s point of v iew, with majorities and minorities, as representatives of the jury, the defendants must not to be offered with the opportunity of selecting as well as composing juries in accordance with their races and communal backgrounds. As in the case of Swain v. Alabama - 380 U.S. 202 (1965) (Justia, 1965) and Batson v. Kentucky (No. 84-6263) (LII, 1985), the judiciary composed in the trials of these cases included majority of jurors belonging from the petitioners respective racial backgrounds and communities, which led to biasness in the process decision making. The defendants, with this facility of composing juries on the basis of their choices, will certainly lead to inappropriate legal decisions and procedures. In this concern, the provisions stipulated by the Supreme Court of the US should firmly prohibit defendants from allocating rights of selecting jury members for the execution of judgment with equality and appropriateness. Furthermore, it stresses that the juries should be selected on the basis of merit system amid majority and minority group of individuals, so that the decisions or judgment are
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment