Role of the Jury in the English Legal System

Role of the Jury in the English Legal System The jury trial is considered to be one of the most controversial elements of the justice system in the UK. The practice of trial by jury has shown over the years to have many disadvantages that which causes concern to society and must be reconsidered by Parliament. The key issues that have arisen of the years relating to the use of juries are a) the experience and intellect of the jurors making judgements in complex cases; b) the expensiveness and longevity of jury trials; and C) the fairness of jury selection. This essay shall try to critically analyse the role of the jury within the English legal system and explain why the jury trial should no longer play a part in the criminal and civil justice systems of the United Kingdom. Trial by jury was first introduced into the justice system in the twelfth century, however it was not a guarantee until many years later, when a clause within the Magna Carta stated that no free man shall be taken or imprisonedà ¢Ã¢â€š ¬Ã‚ ¦except by the lawful judgement of his peers or by the law of the land[1]. The role of the jury has since evolved from the medieval times and was completely formed in the 18th century into what it is today[2], with modern juries playing a vital role in assessing the facts of the case and, in the case of a criminal trial, determining whether the defendant is guilty beyond reasonable doubt, or in the case of a civil trial, deciding whether the claimant has the right to damages on the balance of probabilities. Towards the end of the 1900s, public attention started to be drawn towards problems arising with jury reliability, selection, experience, and bias. The Criminal Courts Review by Lord Justice Auld in 2001 was a crucial argument in the discussions concerning jury trials. Auld goes on to say that support for the jury system is not universal, especially among those who have been jurors.[3] This suggests that there is a considerable amount of negative opinion among former juror members about the jury system. The main drawbacks presented within this report were a) lack of experienced jurors who represent different social layers, b) poor ethnic minority representation, and c) the game character of the trial process, where the truth is not as important as victory.[4] The Criminal Justice Act 2003 did however alter the jury system and selection process by stating that a) if the judge ruling the case is satisfied, certain fraud cases and cases where a danger of jury tampering existed are not t o be tried by a jury; and b) the jury selection system had to be improved in order to provide more experienced and unbiased people representing different social groups and ethnic minorities.[5] Statistics have shown that jury trials are actually very rare. Only one in every hundred criminal trials are actually tried by jurors due to restrictions on the use of jury trials.[6] But it is not only the restrictions imposed that make access to jury trial very complicated. What also makes it complicated is the extortionate amount of money and long periods of time that must be put into each case, which puts jury trials at a disadvantage. These problems can make it extremely inconvenient and draining for both the defendant and, in particular, the members of the jury as they will have to spend a lot of their time getting through the necessary procedures and partaking in the actual trial. Jury trials can last from a couple days to many weeks, even months. During that period, members can be on a jury for more than one trial during their service.[7] In one instance, a juror failed to turn up for a trial as she found it really boring, resulting in the trial being suspended before continu ing with 11 jurors.[8] This suggests that sitting on a jury is not what is hyped up to be, and that the negatives vastly outweigh the positives of sitting on a jury. The qualification rules for jury selection has also been often criticised. According to the Juries Act 1974[9], the criteria to serving on a jury are: 1) the person should be registered as a parliamentary or local elector; 2) the person should not be less than 18 and no more than 65 years old; 3) the jury should have been ordinarily resident in the UK for a period of at least five years since his or her 13th birthday. The criterion set out in the Act is quite narrow and should be broadened in order to ensure better quality of juries. Ineligible persons include past and present members of the judiciary, other people who have been concerned with the administration of justice, the clergy and mentally ill people. The Criminal Justice Act 2003 also disqualifies individuals who have served a custodial sentence within the past ten years, received a lifetime custodial sentence, or are released on bail and awaiting trial at the time the jury is summoned.[10] However the issue is not in relati on to the qualification of jurors, but the mere fact that jurors are subject to human error. As the selection criteria is very narrow, there will be individuals who are well educated as well as not; some who are very responsible and some who are not; and individuals who are wanting get gain a better understanding of the case while others just wanting to get home as soon as possible. In the case of R v Litchfield,[11]it was up to the jury to decide whether or not negligence was gross negligence. As a result, the jurys verdict was confused and instructions from the judge had to be restated. It is clear to say that members of the jury in this case were either not educated well enough or had no experience at all in dealing a complex judgement, which is presumably the case with all jurors.[12] Many jurors do encounter problems that are far beyond their training and experience, as the lack of legal knowledge allows prosecutors to easily sway jurors to believe their assertions. But not only are jurors unskilled and inexperienced, they often disregard logic presented by the lawyers because of their prejudices, past experience, or moral sentiment. Some jurors may even follow the majority and make the same verdict as the stronger personalities. But the main problem is that, as jurors do not usually know the law and legal procedures, they are often unable to understand complex evidence or to assess the reliability of a witness or evidence. A research study by Matthews, Hancock and Briggs[13] shows that jurors fees very enthusiastic about their role in the trial process, however one third of jurors feel that it is inconvenient. The report also shows that well-educated skilled people and professionals are under-represented as only skilled manual workers and unskilled workers have enough time to be part of longer trials. From this, it is clearly obvious that the education level of many jurors is comparatively low. Approximately 60% of the respondents were confused and had difficulties while listening to evidence and following instructions. Furthermore, about 30% of jurors face a language barrier and would need a translator. Having a translator would make the evidence unclear as translations are not always presented in the right way. The study also shows that a third of jurors are uncomfortable being in a courtroom, but also 90% of jurors are satisfied with being a member of the jury and realise he meaning and importance of the role. Additionally, 30% of jurors are not well educated (do not have a degree) and 40% of people have no knowledge of the court process. These statistics are an indication that jury selection must vastly improve. All these issues can be ratified by giving jurors more detailed instructions before trial starts and balancing the number of people with different education levels. Cheryl Thomas states in her research that there are serious race disproportions in the jury structure and ethnic minorities are truly under-represented.[14] Thomas also agrees that instruction need to be more clear, simpler and broad as many jurors claim they have faced difficulties when studying such instructions. However, she also goes on to report that some of the problems concerning race stereotypes within the jury system are highly exaggerated, and have found no proof that white jurors are likely to be biased and make unfair verdicts. With that in mind, remedies must be made to ensure that it is a fair selection and that individuals from all backgrounds are represented in a jury trials. In 2007, the Ministry of Justice published the findings of the Jury Diversity Project[15] which revealed that most defendants in Crown Courts outside of London will be tried by an all-white jury. The role of the jury in the English legal system remains a controversial part of the judicial system. Complications have arisen by issues of jury selection; costs and longevity of each trials; and the experience and intellect of jury members summoned to partake as a jury member. With many sources proving that a) jurors lack the required intellect and experience to handle complex trials and make fair judgements; b) individuals from all backgrounds, especially ethnic minorities, are under-represented; and c) the length of time for jury selection and trial being too long for an individual to handle suggests that the whole process of jury trials need to be reconsidered. A number of former jurors tend to have more of a negative opinion on the use of juries due to the fact that they did not know much about the law, instructions were not given clearly, they could not tell whether to disregard a piece of evidence or not, along with many other issues. However while juries have been an integra l part of the judicial system and being assessed by ones peers and not by the judiciary seems fair, non-jury trials have had the least amount of criticism. It is clear to see that jury trials should no longer be a part of the legal system of England and Wales and that all aspects of a trial including analysing the facts of the case as well as the application of the law should only be the responsibility of the judiciary. Bibliography Cases R v Litchfield [2008] AC 507 (HL)] Legislations Criminal Justice Act 2003 Juries Act 1974 Books Cairns J and McLeod G, The Dearest Birthright of the People of England: The Jury in the History of the Common Law (1st edn, Hart publishing, 2002) Davies M, Croall H and Tyrer J, Criminal Justice: An Introduction to the Criminal Justice System in England and Wales (3rd edn, Pearson-Longman 2010) Gibson B, Criminal Justice Act: The Statute (1st edn, Waterside Press 2005) Gary Slapper and Kelly David, The English Legal System (8th edn, Routledge-Cavendish 2006) Articles JER Stephens, The Growth of Trial by Jury in England (1896) 10 HLR 150, 155 Michael Zander QC, Lord Justice Aulds Review of the Criminal Courts: A Response (2001)   UK Government Jury Service accessed 30 December 2016 Huddersfield Examiner Juror in Leeds court because she found trial boring Huddersfield Daily Examiner (Huddersfield, 21 February 2012) Linda Woolhether The Disadvantages of the Jury System accessed 2nd January 2017 Roger Matthews, Lynn Hancock and Daniel Briggs, Jurors perceptions, understanding, confidence and satisfaction in the jury system: a study in six courts (Home Office, May 2004) accessed 3 January 2017 Cheryl Thomas Are juries fair? (Ministry of Justice, February 2010) accessed 3 January 2017 Cheryl Thomas Diversity and Fairness in the Jury System (Ministry of Justice, June 2007) accessed 4 January 2017 [1] JER Stephens, The Growth of Trial by Jury in England (1896) 10 HLR 150, 155 [2] John Cairns and Grant McLeod, The Dearest Birthright of the People of England: The Jury in the History of the Common Law (1st edn, Hart publishing, 2002) [3] Michael Zander QC, Lord Justice Aulds Review of the Criminal Courts: A Response (2001)   [4] Malcom Davies, Hazel Croall and Jane Tyrer, Criminal Justice: An Introduction to the Criminal Justice System in England and Wales (3rd edn, Pearson-Longman 2010) [5] Bryan Gibson, Criminal Justice Act: The Statute (1st edn, Waterside Press 2005) [6] Gary Slapper and Kelly David, The English Legal System (8th edn, Routledge-Cavendish 2006) [7] UK Government Jury Service accessed 30 December 2016 [8] Huddersfield Examiner Juror in Leeds court because she found trial boring Huddersfield Daily Examiner (Huddersfield, 21 February 2012) [9] Juries Act 1974 [10] Criminal Justice Act 2003 [11] [2008] AC 507 (HL) [12] Linda Woolhether The Disadvantages of the Jury System accessed 2nd January 2017 [13] Roger Matthews, Lynn Hancock and Daniel Briggs, Jurors perceptions, understanding, confidence and satisfaction in the jury system: a study in six courts (Home Office, May 2004) accessed 3 January 2017 [14] Cheryl Thomas Are juries fair? (Ministry of Justice, February 2010) accessed 3 January 2017 [15] Cheryl Thomas Diversity and Fairness in the Jury System (Ministry of Justice, June 2007) accessed 4 January 2017

Hunger Games Review

Action packed adventures, intense, love triangles, suspenseful twists of the plot, and witty remarks are all thrown across the pages of a book titled â€Å"The Hunger Games† by Suzanne Collins. The book was looked upon by many teenagers as if it was a sacred treasure meant to be read by a select few. I was driven by both madness and curiosity to uncover how such a book would deserve this much attention. To my surprise, â€Å"The Hunger Games† demonstrated a well thought plot, conflicting love, triangle and intense life or death matters. The story is set in the post, apocalyptic country of Panem, where America once stood. The country is divided into 12 districts and ruled by a dictating government known as the Capitol. The heroine, 16 year old Katniss Everdeen lives in the Seam, located in the poorest region; District 12. At one point, there was a District 13, but it was consequently destroyed for leading a war against the Capitol. The rest of the districts gave up easily and were forced to follow the cynical Capitol, avoiding the same fate as District 13. Accompanied by Katniss is heartthrob Gale Hawthorne; the leading lady’s best friend. Gale and Katniss have been hunting together at the woods near the outlying district. They’re content using the animals they’ve caught for food for their family or for a trade of money. Suddenly, everything for Katniss changes when she is faced with the decision to take the place of her sister at the Annual Hunger Games; a brutal, televised event that pits 24 teenagers from the ages of 12 to 17 to fight until there is one standing. One boy and girl are picked from each district and are orced to participate as tributes. This is the punishment that all districts must go through. It’s the Capitol’s way of reminding the nation once more that they are in charge and can send children off to combat without anyone’s say in it. Katniss’s decision to join the games leaves her accompanied by an old flame, Peeta Melark; the baker’s son. The way Collins devel oped each character thoroughly with distinct differences leads you to ponder which of the two, Peeta or Gale, is right for Katniss. Both Katniss and Peeta took notice of each other from afar and are connected by a single moment. On a rainy day at the Seam, Katniss is faced with little to no money and doesn’t have any food to offer to her family. She sits hunched over outside the bakery until Peeta walks up to her and offers her bread from his bakery. From that moment on, Peeta is nicknamed the boy with the bread. This act of kindness sets him off as frail and kind; unlike Gale, who is seen as tough and aggressive. By increasing her chance of survival, Katniss and Peeta are publicly announced as star crossed lovers and must defend each other in the arena. All the while, it is evident that Gale has feelings for her yet he must watch the girl he loves the most fall into the arms of someone else. Katniss is torn between the boy she left back home to the boy with the bread. Throughout the book, her thoughts and feelings often clash with one another and she has been reluctant to go to both Peeta and Gale. The games are held at a remote arena filled with many surprises. Katniss is doing whatever it takes to survive the unknown. She somewhat acts like a babysitter to Peeta by protecting him from every little thing. What surprised me the most was just how easily she was willing to kill children for the sake of her life. At this point, she has been made a pawn by the Capitol, and the Capitol is winning. She makes friends, and loses friends. The weather is constantly changing and the tributes slowly start to die off. Katniss must also battle with other tributes for the limited amount of food and water supply left. It is very startling to even imagine myself in her position. Everyone there wants to survive yet not everyone is even lucky enough to get through the first day. The seemingly endless battle drove me insane! I can’t imagine how hard it would be to go to sleep with the thought of not making it out alive the next day. The heart breaking thing to do is ally with a complete stranger. Katniss has been faced with many and must make a choice as the number of survivors left start thinning down. I highly recommend this book to anyone who has an interest in a thought provoking story line, romance, and life or death situations. This book will keep you up at night even after finishing it. This fast paced story will keep you reading with excitement. Sources http://www.thehungergames.co.uk/

Views On Living In Orphanage Health And Social Care Essay

Methodology of research organizes all the constituents of the survey in a manner that is most likely to take valid replies to the bomber jobs that have been posed ( Burns and Grove, 2002 ) .It refers to assorted logical stairss that are by and large adopted by the research worker in analyzing the research job. This chapter presents the research design, puting, population, sample size and sampling technique, trying standards, tools used, building of the tools, cogency, dependability, pilot survey and informations aggregation adopted for the survey.RESEARCH APPROACHThe research attack is an overall program chosen to transport out the survey. The choice of research attack is the basic process for the behavior of research enquiry. For the present survey, a descriptive comparative study attack was considered most appropriate as the intent of the survey was to derive an apprehension of the well-being with kids ‘s positions on life in orphanhood and to compare the well-being and position ‘s on life in orphanhood of both parental and unparented kidsSetting OF THE STUDYâ€Å" Puting † refers to the country where the survey is conducted. Two orphanhoods home were selected for the survey. One orphanhood place is at Thondamuthoor which of consists of merely female kids who are remaining in domentry. The physical installations in that establishment are with dining hall, kitchen, little drama land and church to worship. There are two health professionals to look after those kids. They are holding tution, leisure clip and supplication clip. Every twelvemonth supplication cantonment is conducted on the month of May. Another orphanhood is at Podanur which consists of both male and female kids who are remaining in separate. The physical installations like drama land library and diversion suites. They celebrate every festivals in the orphanhood.PopulationThe population under the survey was the kids from 8 years to 16 years remaining in orphanhood place.SAMPLE SIZESample refers to a subset of population that is selected to take part in a peculiar survey ( Burns and Grove 2002 ) . In this survey sample size consisted of 160 ; Out of 160 sample 80 sample was selected for parental group in which kids with parents and 80 sample was selected for parentless group in which kids without parents. In Thoondamuthoor orphanage the sample selected were 100 in that 30 parental and 30 parentless kids and in Podanur orphanage the sample selected were 100 of which 60 were female 30 were comes under parental and 30 comes under unparented kids and of 40 males 20 was parental and 20 was unparented kids.Sampling Techniq ueThe sample was selected by simple random trying technique under chance sampling. In this simple random technique, a lottery method was used. A list of names were written and batch was prepared individually for parental and unparented kids. Then the samples were selected indiscriminately.Sampling StandardsInclusion standards Child of both the sex Childs who are the occupants of orphanhood Children with age between 8-16 old ages. Exclusion standards Child with mentally retardedDescription OF THE TOOLThe tool used in this survey was an interview agenda and ego administered questionnaires. The interview agenda is used to measure the demographic informations and positions on life in orphanhood. The ego administered questionnaires were used to measure the well-being of the kids which consists of four dimensions such as psychological, educational, societal and future.PART – IPart – I was designed to roll up demographic informations of the parental and unparented kids. Demographic information for parental kids ( age, sex, instruction of kids, continuance of stay in orphanhood, household members in place, business of male parent and female parent, monthly income of male parent and female parent, visit by household members and how frequently visit by household members traveling place and how frequently traveling place, traveling out with parents and how frequently go out with parents ) Demographic informations for parentless kids ( age, sex, instruction of kids, continuance of stay in orphanhood, have any relations, visit by relations and how frequently visit by relations, traveling to relatives topographic point, anybody taking out and how frequently taking out ) .PART – TwoThis portion was designed to measure the positions on life in orphanhood. It is a three point graduated table which has assorted facets including physical, mental, societal, emotional, and religious. In this three point graduated table each facets consists of 4-8 points used to rate the responses in three grades of Highly satisfied – 3, Satisfied – 2, and Not satisfied – 1. And a separate five point graduated table to measure the general position of life in orphanhood. It consists of merely one point was used to rate the responses under the class of really happy – 5, happy – 4, ca n't state – 3, unhappy – 2, really and unhappy – 1.P ART – ThreeThis portion was designed to measure wellbeing. It is a ego administered questionnaires for wellbeing which has four dimensions including psychological, educational, societal and future. In this scale each dimension consists 5 – 9 inquiries used to rate the responses. Most of the clip – 3 Some of the clip – 2 None of the clip -1Marking AND INTERPRETATION OF MarkingWellbeing Assessment Scale: It consists of four dimensions such as psychological, educational, societal and future. The negative points are scored reversely.S.NoDimensionMarking AND ScalingLow WellbeingAverage WellbeingHigh Wellbeing1. Psychological 1 – 9 10 – 18 19 – 27 2. Education 1 – 9 10 – 18 19 – 27 3. Social 1 – 6 7 – 12 13 – 18 4. Future 1 – 5 6 – 10 11 – 15 5. Overall 1 – 29 30 – 58 59 – 87Positions ON Life IN ORPHANAGE TOOLThe tool consists of three point graduated table and five point graduated table. In three point graduated table it consists of five factors such as physical, mental, societal, emotional and religious.S.NoPositionsHIGHLY SATISFIEDSATISFIEDNOT SATISFIED1. Physical Need 15 – 21 8 – 14 1 – 7 2. Mental Need 9 – 12 5 – 8 1 -4 3. Social Need 17 – 24 9 -16 1 – 8 4. Emotional Need 15 -21 8 -14 1 – 7 5. Religious Need 9 – 12 5 – 8 1 – 4 General feeling of life in orphanhood Five Point ScaleScaling MarkVery Happy 5 Happy 4 Ca n't Say 3 Unhappy 2 Very Unhappy 1DEVELOPMENT OF THE TOOLThe development of the tool took three months of strenuous attempt for the undermentioned activities. The tool was developed based on the aims of the survey, Review of literature sing parenting, growing and development and well-being of kids and with the expert ‘s cognitionVALIDITY OF THE RESEARCH TOOLThe research tool including the aim of the survey along with the standards check list were submitted to five experts – four Nursing experts, and Psychologist. The four nursing experts were Professors with Master Degree in Nursing and working in different colleges of nursing in Coimbatore with more than 5 old ages of experience. The psychologist is the academic professor, DJ Academy for Managerial Excellence.RELIABILITY OF THE RESEARCH TOOLThe dependability of the wellbeing assessment graduated table and interview agenda was tested by trial retest method. The trial was administered to 16 kids populating in orphanhood. Correlation co-effic ient was calculated by Karl Pearson ‘s method. The obtained ‘r ‘ value was 0.82 for overall wellbeing appraisal graduated table and 0.9 for Interview agenda of positions on life orphanhood, which confirmed that there was high positive correlativity and internal consistence of the tool.PILOT STUDYA pilot survey was conducted in an orphanhood at Pottanampudoor in order to prove the practicableness and feasibleness of the tool. A formal permission was obtained from the Administrative Officer. 16 samples were selected, 8 samples from parental kids and 8 samples from unparented kids. Samples were selected by utilizing simple random sampling technique. After a self debut and good resonance with the kids the research worker collected the informations on positions on life in orphanhood and wellbeing through interview agenda and ego administered questionnaires. The continuance of pilot survey was ten days.The retest was administered after 8 yearss.The continuance of roll uping informations takes 20 minitues for one sample on one twenty-four hours. The wellbeing assessment graduated table is holding four dimensions which include psychological, educational, societal, and hereafter. The dependability of each dimension is checked and the overall dependability besides checked. The dependability of the psychological dimension.61, educational dimension.86, societal dimension.89, future dimension.71 and the overall dependability is.88. Positions on life in orpha nage interview agenda have five factors which include physical, mental, societal, emotional and religious, and a general feeling. The dependability for each factor is checked and the overall dependability besides checked. The dependability of the physical factor.75, mental factor.72, societal factor.81, emotional factor, religious factor.79 and for general feeling.78 and the overall dependability is.9. Pilot survey proved the adequateness of the tools and technique.DATA COLLECTION PROCEDUREBefore beginning of informations aggregation one time once more the permission was obtained from the authorization through orally. The research worker foremost started the informations aggregation process at thondamuthoor orphanhood and visited the floors where the kids ‘s were remaining, selected 30 samples of parental kids and 30 samples of unparented kids who are all carry throughing the inclusion standards. Then the research worker explained the intent of the survey to the kids and obtai ns the willingness and engagement in the survey. After the sample was selected, a brief debut about ego and survey purpose was given to the kids. After obtaining their resonance and willingness, the informations collected sing the demographic features and for kids ‘s positions on life in orphanhood, interview agenda was used for the well-being of the kids, ego administered questionnaires was used. For both parental and unparented kids the informations are collected individually. After roll uping the information from the thondamuthoor orphanhood, the research worker visited another orphanhood which is in Podanur and started the informations aggregation process by choosing 50 parental and 50 parentless kids who are all carry throughing the inclusion standards. The information was collected under the same process. The informations aggregation period was 30 yearss.Plan FOR DATA ANALYSISThe informations obtained were analyzed in footings of the survey utilizing descriptive and illative statistics.Descriptive statisticsFrequency and per centum distribution were used to analyse demographic variables and to measure and compare the degree of wellbeing and positions on life in orphanhood. Mean and intend score per centum was used to find the degree of good being and positions on life in orphanhood.Inferential statisticsChi-square was used to happen out the association between the positions on life in orphanhood with selected variables of the kids and the association between degrees of wellbeing with selected demographic variables of the kids. Unpaired â€Å" T † trial was used to find the important difference in the degree of wellbeing with positions on life in orphanhood.

Cosmetic Surgery Too Far, Caused Her Death - 1408 Words

How far is too far when it comes to cosmetic surgery? In Joan Rivers case her â€Å"too far† caused her death. Joan Rivers was known in the fashion world for her blunt looks, but to America, Rivers was easily identified because of her cosmetic surgeries. Rivers died on September 4, 2014. She was eighty one years old. She had cardiac and respiratory arrest on the operating table while undergoing a neck lift cosmetic surgery (Nathan). Rivers once said â€Å"I’ve had so much plastic surgery, when I die they will donate my body to Tupperware† (Leopold). Did Rivers ever come to think that her body would be turning into what seems like Tupperware? Was it worth her death? Rivers stated â€Å"People say that money is not the key to happiness, but I always figured if you have enough money, you can have a key made† (Dockerman). Money was not an issue for Rivers, but her addiction to cosmetic surgery was. â€Å"Cosmetic Surgery is the reshaping of body parts through surgical procedures† (â€Å"Cosmetic Surgery†). â€Å"In the United States the organizing bodies of plastic surgery were founded between the world wars, with the American Society of Plastic Surgeons established in 1931 and the American Board of Plastic Surgery established in 1937†(â€Å"Plastic Surgery† 2). Cosmetic surgery can be various things such as Botox injections or elective surgeries such as breast augmentations and correction for nose deformities (â€Å"Plastic Surgery† 7). Men and women have both been known to undergo cosmetic surgeries for theirShow MoreRelatedCosmetic Surgery : Too Far, Caused Her Death1408 Words   |  6 PagesHow far is too far when it comes to cosmetic surgery? In Joan Rivers case her â€Å"too far† caused her death. 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