Preprint / Version 1

Should Trial by Jury Be Abolished?

##article.authors##

  • Ziqing Wang Keystone Academy

DOI:

https://doi.org/10.58445/rars.1053

Keywords:

Jury trial, Law, Criminal

Abstract

Trial by jury has been an aspect of many human cultures for millennia. However, many have called for the abolishment of this form of trial. By looking into the value of jury trials, examining the accuracy of jury trials in criminal and civil cases, and by addressing the common criticisms of jury trials, this essay shall argue that this kind of trial should not be abolished, mainly drawing on examples from the U.S.

References

Casad, Bettina. “Confirmation Bias | Definition, Background, History, & Facts | Britannica.”

Encyclopædia Britannica, 2022, www.britannica.com/science/confirmation-bias.

Evans, Emanuella. “Jury Trials Are Disappearing. Here’s Why.” Injustice Watch, 17 Feb. 2021, www.injusticewatch.org/news/2021/disappearing-jury-trials-study/.

Farrell, Amy, and Daniel Givelber. “Judges and Juries: The Defense Case and Differences in Acquittal Rates on JSTOR.” Jstor.org, 2022, www.jstor.org/stable/20108748.

Hare, A. Paul, et al. “The American Jury.” American Sociological Review, vol. 32, no. 4, Aug. 1967, p. 666, https://doi.org/10.2307/2091057.

Hunter, Jill. “Why Do We Have Juries?” Unsw.edu.au, 2019, www.unsw.edu.au/news/2019/06/why-do-we-have-juries-.

Kretzer, Seth. “Jury vs. Judge: Pros and Cons of Each Option.” | Law Offices of Kretzer & Volberding, Law Offices of Seth Kretzer, 12 July 2021, kretzerfirm.com/jury-vs-judge-pros-and-cons-of-each-option/.

Peplow, Gemma. “Depp v Heard: ‘Who Is Really Telling the Truth and Who May Be Merely Acting out a Role?’” Sky News, Sky, 15 May 2022, news.sky.com/story/depp-v-10eard-who-is-really-telling-the-truth-and-who-may-be-merely-acting-out-a-role-12613883.

“Sixth Amendment.” LII / Legal Information Institute, 2022, www.law.cornell.edu/constitution/sixth_amendment.

Spencer, Bruce D. “Estimating the Accuracy of Jury Verdicts.” Journal of Empirical Legal Studies, vol. 4, no. 2, July 2007, pp. 305–29, https://doi.org/10.1111/j.1740-

2007.00090.x.

Sullivan, Oliver. “Why Empathy Is a Vital Skill to Develop in Law.” Lawyer Monthly | Legal News Magazine, 9 June 2020, www.lawyer-monthly.com/2020/06/why-empathy-is-a-vital-skill-to-develop-in-law/.

The Judicial Educational Center. “Judicial Concerns in Voir Dire — Judicial Education Center.” Unm.edu, 2022, jec.unm.edu/education/online-training/stalking-tutorial/judicial-concerns-in-voir-dire.

The National Archives. “The Constitution of the United States: A Transcription.” National Archives, 4 Nov. 2015, www.archives.gov/founding-docs/constitution-transcript. The United States Courts. “Learn about Jury Service.” United States Courts, 2020, www.uscourts.gov/services-forms/jury-service/learn-about-jury-service.

Ugur Nedim. “What Is Juror Bias and How Can It Be Prevented?” Sydney Criminal Lawyers, Sydney Criminal Lawyers, 8 Aug. 2014, www.sydneycriminallawyers.com.au/blog/what-is-juror-bias-and-how-can-it-be-prevented/.

Yarritu, Ion, and Helena Matute. “Previous Knowledge Can Induce an Illusion of Causality through Actively Biasing Behavior.” Frontiers in Psychology, vol. 6, Apr. 2015,

https://doi.org/10.3389/fpsyg.2015.00389.

Zeisel, Hans, and Harry Kalven. “Jury | Britannica.” Encyclopædia Britannica, 2022, www.britannica.com/topic/jury.

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Posted

2024-03-30

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