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2014년 11월 16일 일요일

Research 5

Source:The Political Puzzle of the Civil Jury.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2144376

My Topic:
Civic Participation in Criminal Trials should exist.

What I hope to learn from this source:
I need the strong sources to explain why the jurors are necessary.

Notes:

"perhaps lawyers value the monetary aspects of the litigation to the exclusion of the value of demanding accountability and answers for wrongs"

"It might also be that the black box of the jury is a virtue for legitimacy purposes.
 Because jurors’ identities are not known to the broader public, they can make difficult decisions and avoid taking the heat."

"Juries don't give reasons for their decisions, so their claim to be deliberative-democratic institutions is on shaky ground "

((I didn't paraphrase it since it will be quoted.))

Final Thoughts:
I found what I really wanted! 

I will use the first one to explain why the jurors are necessary in the trials (if there are no jury, the judgment will be influenced by financial cost. The jurors can prevent that because they are free from that) Second one is also good to support my opinion that the jurors can see the cases in different aspects from the judges. This can be used to say what will happen if there is no jury. I think my essay will be strong because of this resource.

Research 4

Source:Jury System Criminal
http://www.lawteacher.net/criminal-law/essays/jury-system-criminal.php

My Topic:
Civic Participation in Criminal Trials should exist.

What I hope to learn from this source:
I need some trial cases related to the jurors.   

Notes:
  1. do not understand the evidence, verdict based on inappropriate criteria or methods. -  the Court of Appeal quashed a conviction (Young [1995] QB 324.)
  2.  are protected from pressure and outside influences when deciding a verdict. They can decide based on their own ideas of justice, contrary to the legal advice. - (in the case of R v Ponting [1985] Crim LR 318),  on the grounds of public interest. Defendant was charged under the Official Secret Act 1920. The Jury refused to convict despite no legal defence.
  3. the Jury can reach perverse decisions, which are not justified. ( Randle and Pottle [1991] Alliott J), helping a famous spy, to escape from prison. 
  4. ( Lord Woolf C J), ``a fair-minded and informed observer would not conclude that there was a real possibility that a Juror was biased merely because his occupation was one which meant that he was involved in some capacity or other in the administration of Justice''.

Final Thoughts:
The second one is perfectly what I needed. Through using that sources I can support my opinion that we can believe the jurors verdict because it is based on their criteria. Also I can use that to support that the only can juror verdict outside influences of the justice so it can contain the public's opinion (it is also what they have to do) Others can also be used to say opponents' opinion. Especially the third one is strong.
I think I have find a source to support why the jury is necessary in the trial. What if there are no jurors in the trials?







2014년 9월 10일 수요일

Research 3


Source:

About Jury Service

http://www.uscourts.gov/FederalCourts/JuryService/about-jury-service.aspx

My Topic:
Civic participation in Criminal Trials should exist.

What I hope to learn from this source:
I want to find the information about the jury system which is implemented in America.

Notes:
1. Selection of Jurors - 
  -random selection from lists of registered voters, or combined lists of voters and people with drivers licenses.
  -reviewing the questionnaires.
  -the court randomly selects individuals to be summoned to appear for jury duty.
  -questions to determine their suitability to serve on the jury, a process called voir dire.

 2.Petit (Trial) Jury
   - A civil petit jury is typically made up of 6 to 12 persons
   -role in civil trial : to listen to the evidence presented at a trial, to decide whether the defendant injured the plaintiff or otherwise failed to fulfill a legal duty to the plaintiff, and to determine what the compensation or penalty should be
    -role in criminal trial : decide whether the defendant committed the crime as charged. The sentence usually is set by a judge.

Final Thoughts:
This source is good to know the process of selecting the jurors in American trials. As the civic participation in criminal trials was derived from the jury system of America, I thought that I can use this source to comparing two systems. Especially, I was shocked to the fact that in America, they select the jurors randomly (it is same as Korea) and do more process to determine their suitability. I think they consider jury's role more important than us. This fact can be used to support the opponents opinion (we can't believe the jury's suitability)

Research 2

Source:
Consider the Jury's Political Role
http://www.persuasivelitigator.com/2012/12/consider-the-jurys-political-role.html

My Topic:
Civic participation in Criminal Trials is beneficial.

What I hope to learn from this source:
I want to find the benefit of Civic Participation in Criminal Trials - it is the citizens' political action. We can grow civic engagement through participating this policy.

Notes:
  1. The Political Role of the Civil Jury - It is a examine placing too much power in the government's prosecutorial hands.

  2. If We Took the Jury's Political Role Seriously - many things will be different
           1) More Willingness to Go to Trial - the jury's capacity as a political institution and a public voice = part of the client's thinking.
           2)We Would Do Post-Verdict Interviews Every Time the Law Allows - propose a model that would allow juries to opt in (most will) by providing a preferred means of contact to the judge
           3)We Would Treat Mock Trials As Anything But "Mock" ( often, their pride seems to stem from the belief that, even if it is an adversarial exercise owned by one party or the other, it is still part of the calculation that may lead to a resolution of the case )
  The role of the juries is very important. Therefore, we have to let them participate in criminal trials.

Final Thoughts:
This source is interesting. I think it can be used to reason my opinion and rebut the opposites' idea. Especially the jury's role : examining placing too much power in the government's prosecutorial hands is very fresh. I can use this fact in both sides. I was happy to find this fact because it perfectly support my opinion with related to the purpose of implementing this system.
But I think I did not understand this material wholly. (Because of this reason, I couldn't perfectly summarize this material in my words.) Therefore, It cannot be used a lot. But it is good resource

Research 1

Source:
Emphasize the Civic Role of Your Civil Trial
http://www.persuasivelitigator.com/2014/07/emphasize-the-civic-role-of-your-civil-trial.html

My Topic:
Civic Participation in Criminal Trials should exist since it has many benefits.

What I hope to learn from this source:
I want to find the reason that support my opinion or the fact that rebut opponent's opinion.

Notes:
  1. Ask for Larger Juries : the larger and more representative jury offers a more inclusive and dynamic public space
  2. Ask for Unanimity. In trials with a required unanimous verdict, jurors deliberate longer and harder  
  3. Play Up the Organization. we shouldn't try to make the organization disappear altogether. If the case is just person versus person, then jurors are less likely to put the case in the kind of frame that would emphasize their own community voice.
  4. Play Up the Political. Look at what values are at play in your case and ask, "How will this jury's verdict impact the community?"
  5. Get seriousness. You are the community's voice in determining what we do and don't allow in the marketplace. As a group, this jury provides the decisive word on whether we still embrace personal responsibility or not. Both companies involved in this case, the judge and the community at large, have come to you asking for that vital ingredient: common sense. 
Final Thoughts:
This source is perfect to support my opinion - rebutting the opponents' idea. Especially, It can support the opinion that we can remove the flaws of practicing Civic participation in Criminal Trials through doing these things. Also I need more sources to support my reason that practicing Civic Participation in Criminal Trials is benefit.