Jury Reseacrh Paper REWORK

I attach Outline and Preliminar Reseacrh which I need to rework based in the following suggestion from my teacher You may want to consider just looking at 2 countries. Remember much of your grade is based on how well you put together the paper – good thesis, well structured paper, citing sources, grammar/spelling, providing enough details, etc.


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The legal world and justice courts are experiencing a renaissance globally, and every country is
striving to achieve citizen participation in the courts persecuting criminal cases. Juries represent
the voice of the community in the courtroom and ensure the law is in line with the community
idea of truth justice and fairness. This paper aims to explore the different jury systems in three
countries; the USA, Japan and Canada.
A jury is a group of people that have been carefully selected from the community who listen and
make a decision on the outcome of legal cases. The jury system is prevalent in countries that
practice the common law and are mostly evolved countries with sound legal systems. This jury
system encourages the participation of the ordinary citizen in the decision making in criminal
Countries such as The United States adapted to the jury system in the early 1800’s but the recent
year’s many nations seem to be borrowing a leaf from this country and are now implementing the
involvement of laypersons in criminal case decisions. The current judicial revolution has made
even the cultural nations like Japan embrace jurisprudence.
The jury system takes three forms the traditional jury system (United States of America) where
the ordinary layman is allowed to speak his voice without fear in the discussions of evidence
produced during criminal cases. The traditional jury did not involve any law professionals in the
verdict discussions except the judge who only executed the law. The other form is the mixed
tribunal (Japan) which consists of laypersons and professionals. The law professionals are on the
jury to help in the decision making of the jury consistent with the law and not just based on
community values and evidence. The latter is often not appreciated since it stipples the voices of
the citizens in the jury since their decision is profoundly influenced by the professionals. Unlike
the traditional and continental, the mixed tribunal decides the verdict and can also pass sentence.
The third is the continental jury model that gives all power to the jury to determine the
defendant’s guilt but do not pass judgment.
The United States of America is one of the leading countries embracing the involvement of
citizens in criminal cases. They adapted it from the British who had a significant influence on
them, the medieval England is where it all began but reached its flowering point in the united
states of America. The United States is one of the long-serving in the traditional jury system.
During the old centuries, the jury was a group of people selected to seek information about the
criminals brought forward. The United States of America has three categories of this namely
Grand jury, Petit jury and Civil jury. The grand jury which seeks to decide if there is sufficient
evidence to put a criminal on trial. This type of jury proceedings is not open to the public and
consists of between 16-23 members. A petit jury is commonly referred to as the trial jury, and it
is basically the standard type of jury used in criminal cases in the United States of America. Petit
juries are majorly responsible for deciding whether or not the defendant is guilty of violating the
law in a specific situation. It consists of 6-12 people with private deliberations. Their decision is
known as a verdict and decides whether a person is guilty or not. A Civil jury has to start with a
minimum of 4 people but not exceed 12 in a supreme court case. Here the verdict must be
unanimous unless the parties involved stipulate otherwise.
However, traditional jury system in America can only decide on whether the defendant or
accused is guilty or not guilty but cannot pass judgment or sentence the defendant. The jury
plays a significant role in ensuring the verdict passed is fair in relation to the evidence produced.
Jurors also ensure that the courtroom is free of corruption and bribery to ensure that justice
prevails. They also are present and participate in minimizing the risk or ensuring that there are no
wrong convictions in the court. The jury is only allowed to reach its verdict by carefully
examining the physical evidence provided and is not supposed to interpret the law. In a court
case where the jury is present only physical evidence and witness evidence is considered.
American jury does not accept documented confessions from witnesses since the witness may
have been coerced to give the evidence. Eyewitness confessions and testimony in the American
jury court are extremely important since the jury is able to evaluate and determine the credibility
of the eyewitness during the trial. This makes it easier to render a verdict.
Recent to adapt to jury system in deciding of legal cases was Japan, and they caused a stir in
legal paradigms of Asia. Japan joined in the legal revolution in 2009 when they introduced the
Saiban-In system or mixed tribunal where the jury bench is composed of professionals and
laypersons. They are 9 in number. The jury is composed of 3 judges and six laypersons. “The
jury is the vanguard of the peoples will” Hiroshi Fukurai a Japanese supporter of lay
participation in law said this in support of the jury system in Japan. “It also provides an open
forum for evaluation of criminal cases and its outcome reflects the public will” Fukurai. The
Japan jury system is referred to as mixed tribunal since it has a panel of professionals on the jury
bench. This form of a jury has more power compared to the American jury. The mixed tribunal
gives a verdict on guilt and also sentencing. They even pass verdict by a simple majority, unlike
the American which has to be unanimous. The jury decision is final and plea bargains are not
allowed. The Japan jury system is adrift from the American model and they believe it to be very
The jury system is not a must, but it is a constitutionally afforded right in the Canadian
constitution. Canada offers the right to be tried by a judge and jury for offenses with a sentence
of 5 years – maximum. The Canadian juries are made up of laypersons who are randomly
selected both men and women and is composed of 12 members. Their work is to examine the
evidence and facts. Well, in Canada the court does not always have a jury the jury trials are not
common. The presence of a jury in a courtroom depends on the gravity of the crime committed
for example a murder case. The accused had the right to choose which trial he or she wants either
judge only or judge. Less serious offenses are tried just buy the judge. Thus in Canada, the jury
system is not fully practiced although it is an afforded right in the constitution. Their role is to
examine evidence since they all seek to explain facts regarding the case.
Amidst the increase in public participation in the courtroom, the impacts of jury system are
widely felt. However, the system has shown some positive effects on the society. Involvement of
the jury has made criminal cases more transparent since there is an unbiased jury who decide on
evidence at hand and other values. This transparency in courtrooms has also reduced government
corruption in courtrooms since the government now has to present evidence to a bench of the
The jury systems are however similar in that they all allow public layman participation. They all
focus on facts and physical evidence to base their verdicts. The jury systems in the three
countries are all part of constitutional rights and are used to determine criminal and civil cases.
All the juries in the three states have a maximum of 12 members in the courtroom.
Notwithstanding, the differences are quite vivid. Japan has drifted to a more modern jury that
allows inclusivity of law professionals while Canada and United States stick to the traditional
jury system. Canada does not have judge jury proceedings in all cases unlike in the United States
where all criminal cases face a jury bench. Japan jury has the mandate to pass sentence on the
defendant while the jury in the other two countries only listen and give a guilty verdict.
The jury is vital for sound fact-finding (Lempert 2001, Vidmar and Hans2007) that reduces the
power of judges who sometimes are incompetent and corrupt in the courtroom. The presence of a
jury in the cases also insulates and protects the judge from negative community outrages due to
unpopular decisions of the court on criminal cases.
Creating of jury bench from the laypersons in the community increases the civic participation by
educating the layman on legal concepts and procedures. This has improved the literacy levels of
the countries using the system thus nurturing a legally educated society.
Despite all the good, the jury system had done the negative consequences are also felt in the
society. Sometimes due to the traditional jury, wrongful convictions are made since they base
their verdict on the defense provided and evidence provided. If the defense supersedes the
evidence then the guilty are set free. These wrongful convictions cause anger and division within
a community.
The jury selection does not favor the poor, less educated, minority communities, women and low
earners. In Japan 1943 the jury system was suspended for some time due to lack of men over
30yrs who could sit on the jury bench. This shows that women were not highly considered in the
jury selection. Women were also seen to sympathize and empathize with the defendant when sad
evidence or circumstances were produced. Assaults on the jury and intimidation from the
community due to legal verdicts proclaimed in the courts by jury that appears inconsistent with
the evidence. This caused fear amongst the people who wanted to sit on the jury.
In conclusion to this research, it is evident that the jury system is an integral part of every
country since it is perceived to give a much fair judgment in cases. Thus, most states use the jury
in both civil and criminal cases to provide a more equitable judgment. It doesn’t matter which
jury system they use they all involve severe deliberations before delivering a verdict.
Valarie .P & Hans ,(2008) Jury Systems Around the World
Nancy .S & Marder. (2011) An Introduction to Comparative Jury Systems
Richard O. & Lampert. (2007) The Internationalization of Lay Legal Decisions
Lay Participation in Law International Research collaborative (2007) http://www.lawschool.
cornell.edu/research/lay participation in law/index.cfm
Richard, Lampert (2005) The American Jury System: A synthetic overview
What topic have you chosen for your research paper?
Jury systems in different countries;
After introduction of the topic, the following three countries will be discussed.
1.The United States of
Why did you choose this topic?
I chose this topic simply because I am fascinated by the jury, having one close family
member involved in a jury it made me familiarize with the jury system and hence did
research on it.
List the questions you plan to address, as well as any other information you plan to include
In this research I am focusing
? The origin of the jury system
? The role of a jury in court.
? What is the jury like in the countries that I chose?
? How many people site on the juries and who serves?
? What is the role of the jury in fact finding, evaluating evidence and evaluating expert
witness testimony?
? What are the positive and negative effects of the jury system?
? The variations and similarities in jury systems in the selected different countries.
Create a summary sentence which describes the entire paper to finality. All discussions should
come to an end in the three countries.
Transition to the end of my paper and the discussion at hand. The final thoughts and stands are
taken and finalized.
Citation of all the references used have to be placed here in APA format.

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