Trial Courts Judges and Juries

Trial Courts Judges and Juries - TRIAL COURTS: JUDGES AND...

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TRIAL COURTS: JUDGES AND JURIES Structure of American courts: state versus federal, civil versus criminal. Right to a fair trial versus freedom of the press. The right to a jury as a fundamental liberty. Impact of procedural changes on jury decision-making. Social psychology in courts. The politics of jury consultants. The cost of civil litigation. The politics of tort reform. Relative merits of alternative dispute resolution. Trial by Jury - Established as a check on government institutions - Represents the public in legal institutions, and can check unjust laws, established to prevent political tyranny. - Participate in both civil and criminal trials - Juries have also come under attack, legal professionals think that juries are inefficient, take up too much time and money - About 92-93% of criminal cases are handled out of court with plea bargaining - Is plea bargaining consistent with the presumption of innocence? - Law and justice have come to be personified by lawyers and jurors. - Jurors find the facts and judge makes the decision. - The judge influences the way the jury analyzes the facts - Directed Verdict: If there’s no question of facts, the judge can take the case out of the hands of the jury. The judge may grant directed jury. This is done before the jury renders a decision - Judgment not withstanding the verdict: party in the lawsuit makes the verdict stand aside. This is done after the jury has reached a decision. This way, if the judge makes a mistake, they can use the jury’s verdict instead of having to present evidence all over again. - Judge can reverse the decision from lack of evidence, if aquited, nothing can be done because of double jeopardy - Don’t support a conviction beyond reasonable doubt. - Jury Nullification: The jury is playing a role beyond the scope of its normal authority. Problems: jury can acquit, problems in the past with racism. -
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Trial Courts Judges and Juries - TRIAL COURTS: JUDGES AND...

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