The Importance of Jury Trials · 2020. 7. 20. · The Importance of Jury Trials to a Democratic...
Transcript of The Importance of Jury Trials · 2020. 7. 20. · The Importance of Jury Trials to a Democratic...
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The Importance of Jury Trials
to a Democratic Society
A presentation created by
The National Judicial College
with support from the International Academy of Trial Lawyers
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Objectives
After this presentation, you will be able to:
• List at least three reasons that the jury trial is
important to our democracy
• Describe two ways that the jury trial could be
important to an individual citizen
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The American jury trial is a
constitutional right.
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The Constitution
• The founding fathers believed the right to
be tried by a jury of your peers was so
important that it merited inclusion in the
highest law of the land.
• See Amendments 6 & 7 (Bill of Rights)
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“I consider trial by jury as the only anchor ever yet imagined by man, by
which a government can be held to
the principles of its constitution.”— Thomas Jefferson
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The jury trial is a vital part of America’s system of checks and balances.
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Three Branches of Government
Our system of checks and balances means that the judicial branch of
government is equal to the other two branches (executive and legislative).
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• Courts can overturn laws or acts of
government that violate constitutional rights
• Our system of checks and balances requires a
strong judicial branch. A strong judicial branch
requires a healthy jury trial option.
Three Branches of Government
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Discussion Questions
• People from other countries often ask, “What branch of your military ensures that judicial
orders are carried out?”• Does this question surprise you?
• What does it say to you about other systems of
government?
• Who or what ensures that our court’s orders are honored?
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The Founding Fathers
Why did the Founding Fathers want to create a
different system than the one they had left behind?
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Jury trials prevent tyranny.
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• Tyranny is excessive power exerted by the
government, or absolute power vested in a
single individual.
• The founding fathers sought to prevent
tyranny by creating a system of checks and
balances, and
• By enshrining the right to a trial by jury in
the constitution.
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“Injustice anywhere is a threat to
justice everywhere.”— Martin Luther King, Jr.
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Trial by jury is a unique part of
America’s democracy.
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Discussion Question
• The majority of nations do not use jurors.
• Why do you think that is the case?
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“In matters of truth and justice, there is
no difference between large and small
problems, for issues concerning the
treatment of people are all the same.”— Albert Einstein
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Citizens participate in
the process of governing.
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Benefits to Jurors
• Serving on a jury is the most direct and
impactful way for citizens to participate in
the process of governing.
• Ties citizens to the constitution
• Makes jurors feel part of something larger
than themselves
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Jury trials educate jurors
about the justice system.
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Juror Perceptions
• Studies have shown that jurors have a more
positive view of the entire justice system.
• Why do you think this is the case?
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“Justice cannot be for one side
alone, but must be for both.”— Eleanor Roosevelt
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ASK THE AUDIENCE:
What is Your Involvement with Juries?
• How many of you have been called to serve as jurors?
• How many of you ultimately served on a jury?
• How many of you who have served thought the experience
was worthwhile?
• Of those who served on juries, how many of you initially
dreaded the thought but later discovered it was a positive
experience?
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Small Groups
• Select a reporter.
• Discuss what you liked about serving as a juror.
• Discuss what you found challenging.
• Discuss what you found confusing (if anything).
• Report back to the large group.
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Jury trials provide a method of
peaceful dispute resolution.
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• Without a judicial system to resolve disputes,
citizens who could not reach a resolution may
resort to methods that are not peaceful.
• What are examples of disputes
(disagreements) that might
end up in court?
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Do we use juries in these cases?
• Divorce: Who gets to keep the poodle and the dishes?
• Contract dispute: You sold me a hot tub but it didn’t work.
• Personal injury dispute: Our cars collided at the
intersection, and it was your fault.
• Criminal: I’ve been accused of driving under the influence of alcohol.
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“Truth never damages a cause that is just.”
— Mahatma Gandhi
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Jury trials offer the voice of the people
to the justice system.
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• Jury trials provide the voice of common
sense and the perspective of citizens in
the justice system.
• Jury service is your chance to have a voice
in the judicial branch of government.
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“…of your peers…”• If you are accused of a crime, you have the right
to ask for a jury of your peers to judge your guilt
or innocence.
• In a civil case, a jury of citizens will determine
community standards and expectations in
accordance with the law.
• Citizens have power in their own government!
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Final Thought
• Exercise your constitutional right
to participate in a process that is a
cornerstone of American democracy:
the jury trial!
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“The arc of the moral universe is long, but it bends towards justice.”
— Martin Luther King, Jr.