Sample Essay on:
Problems with Trial by Jury

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This 3 page paper discusses some of the problems of the jury system. Bibliography lists 2 sources.

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3 pages (~225 words per page)

File: KV32_HVprbjry.rtf

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trial by jury system. Discussion No one is quite sure how the jury system got started, but it goes back "at least to the assizes of Henry II," which means that the American system came from England (Bownes). In the beginning, jurors knew the parties involved and well as the matter causing the dispute: "They were there to settle a quarrel between neighbors and friends" (Bownes). Today, people having such knowledge would be disqualified (Bownes). This would seem to indicate that some of the people it would be most helpful to have in court are not allowed to participate. Bownes, who is a judge at the Court of Appeals for the First Circuit, notes that the U.S. is the only nation "that still uses the jury system in civil cases." England started getting rid of it before the Second World War; today in England only libel suits are settled by jury (Bownes). The question he poses is simple: if the country that is the home of the jury trial is doing away with it, should we do the same thing? (Bownes). As a matter of fact, he argues that juries still serve a significant purpose but he also points out the problems with jury trials. First, people have a common misconception that juries are there to find "truth"; however, this is not really the case (Bownes). Instead, juries are there to settle disputes "between individuals as fairly as possible. When the facts are in dispute, the truth of what happened may be determined -- but we do not ask the jurors to find what the facts actually were, only to find on the balance of the probabilities what happened" (Bownes). As Bownes notes, the "legalese" here is "preponderance of the evidence," which is a fancy way of saying that ...

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