两种陪审团制度.docxVIP

两种陪审团制度Two Types of Juries Cursed ,reviled ,blessed ,or praised ,the jury had stood firm for seven hundred years ?So firmly did our forefather uphold the jury that we find the right to jury trial anchored in our federal and state constitutions There are two types of juries ?The first ,the petit jury is used in both civil and criminal cases ? In civil cases its task is generally to determine liability to pay money damages ; in criminal cases its task is to determine punishable guilt ,and it usually does so with a minimum of criticism? There its position as a bulwark of liberty ,a protector against executive oppression ?and a mode of lessening the rigors of too strict legislation is secure? In England ,where the use of the civil jury has been greatly reduced by legislation .the criminal jury remains in its traditional form? It is a noteworthy fact ‘however ,that the jury is not now and has never been required to be use in equity cases ? The civil jury , however, is subject to much criticism ??t appears ,sometimes ,to be a means whereby individuals can obtain unjust against corporate defendants ,for the jury may tend to ally itself with underdog ?The jury is ,in many instances ,incompete nt to handle invo Ived testimony ?particularly on technical matters ??n this country nevertheless ^accusations of bias incompetence 5 capriciousness ^unpredictability ,delay ,and expense usually have gone unheeded ? The trial jury ,to speak for the moment in its defense ,is present with a difficult task ,lt must rec on struct history ?lt must determine the facts of a past transaction ? If its verdicts seem excessive ,one must keep in mind the impossibility of determining the money value of such intangibles as pain and suffering or loss of reputation ?Any criticism of the jury must also take into account possible alter native methods of findi ng facts ? And in such deliberations it must not be forgotten that jury verdicts do not create precedents The second type of jury is the grand ju