Wednesday, December 22, 2010

Trial by Jury

One of the greatest protections against tyranny in the American system of justice is the right to a trial by jury. If you should ever be put on trial, you have the right to be tried by 12 of your peers who have to vote unanimously to convict you.
But today, when you are called to be a juror, you will be told that you'll have to follow the law as the judge tells you. You will be told that you'll have to find the defendant guilty if he has broken a law, even if you disagree with the law or it's application in the particular case.
Yet, this is a trial by jury : not a trial by the judge, nor by legislators. If you vote to convict someone, it is on your conscience alone. You are the one who sends someone to prison or even his death. You are the judge and no-one else.
It takes a lot of courage to be able to stand up to the judge and the pressure of the other jurors. That is why anyone who shows a hint of this quality is usually excused from jury duty. Indeed, if you want to get out from it, all you need to state, is that you have the right to judge not only the facts of the case, but also the law.

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