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Jury Trials, Yes or No?

90 percent of all jury trials in the world take place in the United States. What if the United States did not have the right to trial by jury? How would the court system be different? Select one highly publicized case and either support the right for a trial by jury or argue against it. Finally, define jury nullification and discuss whether justice would be better served if jury nullification were explained to the jury as a possible basis for their decision.

Discuss this matter in a 1-2 page paper. Use outside sources and make sure you properly cite your sources using APA style formatting.

Solution Preview

Jury Trials From a Trial Judge's Perspective. By: Wefald, Robert O. American Journal of Trial Advocacy. May 2009, Vol. 33 Issue 1, p177-185. 9p.

If the United States did not have trial by jury it would not be the United States under the constitution. The constitution of the United States is what mandates that the accused have a right to a speedy trial by a jury of peers. This important and unique aspect of American society is one of the constitutional rights afforded to Americans that provides protections against egregious and vindictive prosecutions. This is exactly what would happen if Americans did not have the autonomy to request a trial by jury as the only other option would be trial by a judge, which is currently an option afforded to any defendant who wants to have a judge rule on their case rather than a jury.

The ability to have a speedy trial would not be impacted if America's court system did not have the stipulation that the trial be heard by a jury of the defendant's peers because this would not impact the ability for judges to hear the same amount of court cases that is done under the current paradigm. In addition the evidence heard by the judge could figuratively be analyzed more closely because judges have the knowledge and capability of discerning between legal jargon spoken in court by ...

Solution Summary

The expert discusses and defines jury nullification. Whether jury nullification were explained to the jury as a possible basis for their decision is determined.