Law and justice often collide.
Jury trials are the foundation of the American
legal system. For more than 200 years, we
have expected them to hear testimony, evaluate evidence, and deliver justice. Once again, our schools have failed us. Americans don’t understand juries.
The U.S. Constitution refers to juries four times:
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Article III, Section 2, Clause 3 requires that “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.”
The Fifth Amendment requires that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; “
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The Sixth Amendment protects the rights of all accused criminals “to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law “. Defendants may waive this right and opt for a trial by a judge only, without a jury.
The Seventh Amendment guarantees the right to a jury trial in civil cases when the dispute involves more than twenty dollars. Yes, really. Perhaps it should have been indexed for inflation.
The Constitution doesn’t address at all the most common myths about juries.
Read More …
http://voices.yahoo.com/juries-america-myths-facts-12239216.html?cat=17
