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陪审团制度(The Jury System)
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The jury system refers to the system that a certain number of voting citizens participate in deciding whether to procute the suspect and to decide the ca. A jury has the distinction between a grand jury and a small jury. A grand jury may hear veral cas during its term, while a minor jury is a ca.
A small jury is usually compod of 6-12 people. According to American law, every adult citizen of the United States has the duty to rve as a juror. However, a person who is under 18 years of age, who is not living in the mainland, who has no knowledge of English and hearing impairment, who has criminal record, is not eligible to rve as a juror. Jurors are lected by court to draw out a number of residents with state identity cards as candidates. After that, each of them had to fill out a questionnaire about himlf. The court notice, and then to the court for questioning and the lection of.
Popularly speaking, juries are eligible citizens who have been randomly lected to be brought together and not allowed to contact the outside world during the trial. They are responsible for voting on a defendant: first, whether to procute; two, whether guilty?. In the United States, juries may be ud in criminal cas and in some civil cas (mainly civil cas). In Britain and Commonwealth countries, juries are no longer ud in civil cas. As is known to all, the jury's basic function is to deter
商务信函mine the facts of the ca. In a jury proceeding, the judge does not recognize the fact that the basic function of the judge is to control the proceedings and to apply the law in accordance with the facts held by the jury.
For cas requiring jury trials, the first step is to lect jurors and form juries. Jurors are often very complex, and jury lection is a highly skilled work. The jury's lection is under the auspices of the presiding judge. The judge's assistant randomly extracts the list of candidates from the local voter registration manual. Judges determine the number of candidates for initial jurors according to the circumstances of the ca, and sometimes the number of candidates can be as many as two or three.hazelnut
The jury's lection was made public. When lecting, both the judge and both attorneys should be prent at the court. When the judges begin screening candidates, they should brief the candidate on the merits. With the connt of the judge, the others may sit in the court. The candidate of the jury determines the at number in the court by drawing lots. The number of candidates for a jury is very important becau the jurors are chon in numerical order. To determine the number of candidates in accordance with the number of ated, according to the instructions of the assistant judge, fill out the questionnaire in the help of assistant judges. The specific cas are different, and the questionna
ire will also investigate the problems. On environmental litigation cas, the questionnaire may have you on environmental protection and industrial development to e, you are affected by environmental pollution violations "; on tobacco litigation cas, the questionnaire may have" do you smoke "," your friends have no patient and smoking related dias "; in AIDS related litigation, there may be" how do you e this problem on the questionnaire on homoxuality. The questionnaire will also cover the question of the relationship between candidates and
rejecting
graduate是什么意思lawyers in the ca, such as whether or not to know which lawyer, whom to counl, and so on. The relationship between candidates and witness is also an important issue to be investigated. The questionnaire will list the names of witness to appear in the subquent suits. Judges and attorneys will screen candidates bad on the findings. A judge may also direct a greeting to a candidate, such as asking whether a candidate has any factors that will affect him or her and make a fair decision.
vukThe judge will remove the person who does not meet the legal requirements from the jury candidate. For example, non US citizens, criminal records, no voting rights, etc.. The candidate may also submit to the judge a reason not suitable for rving as a juror in the ca, requesting not to rve as a juror, such as suffering from illness, etc.. For the reasons, the corresponding evidence is requ
ired to be proved, and may be allowed to exit after the judge's connt. Since the jury is a duty of the citizen, the candidate shall not withdraw from the court when the judge does not agree to it. According to the survey, most Americans are reluctant to rve as jurors, and the main reasons are the delay, the impact on their work and life. Although there are subsidies as jurors, the amount is small, usually between $8 and $15.
The judges reject the non qualified candidates, and the next procedure is to screen candidates from both sides of the bar.
A lawyer may reject or rerve a candidate by number according to his own needs. In general cas, a lawyer may not exerci more than four or five times the veto power, but for special cas, it may be 6 or 7 times, up to 10 times, and the exerci of the veto power is decided by the judge. The composition of
金山翻译在线翻译the jury determines the ca of victory.
In the ca of the famous Rodney King v. Losangeles police, the trial resulted in the procution losing the ca becau of the formation of a jury in favor of the defendant. However, the principle of screening is simple and will not be favorable to candidates who reject one party. For both candidates,
archangel both lawyers must take a rious look at the candidate's situation. Both lawyers may ask questions about the candidates and judge whether or not to exerci their veto power bad on what the candidates have answered. What kind of problem a lawyer designs is a highly technical one. But lawyers should not directly ask such questions as how candidates e the ca. The judge should check the questions raid by the lawyer and reject it when the question is wrong. If the veto power is ud, the jury does not meet the requirements of the jury - when the 12 jurors are numbered, they are determined by the judge. After the jury has been t up, veral alternate jurors are needed to prevent the accident. A juror may be replaced by an alternate juror once the jury is unable to exerci the jury's discretion for illness or other reasons. The jury will wear a special jury badge. State jurors have different badges, mostly round, but with different colors, some states are yellow, and some states are red, white and two colors.
Before a formal court ssion, the judge informs the jury in detail of the notes. Tell what can be done and what can not be done. For example: in the jury not to discuss the ca with anyone (including other jurors), are not allowed to leave the court, without the connt of the u of telephone, other people and jurors illegal contact should promptly report the judge on
the ca, can not read newspapers without approval. In general, jurors cannot talk to judges individu
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ally. If you want to talk to the judge, you must also have a lawyer from both parties prent. The judge asked the jurors to pay attention to as many as dozens of items. Each juror, after reading the documents, signs his name to indicate that he has understood the notes. The jury has a coordinating and organizer, who can also be called the head of the jury". The head of a jury is elected by all jurors.
In some major criminal and civil cas, the judge can isolate the jury from the outside world so as to avoid the jury from being disturbed by the outside world. The paration of juries is rare. The gregated jury usually lives in the designated hotel and has a guard. The jury can not leave the hou without the permission of the judge. During the paration, jurors could not read newspapers or watch TV so as not to be influenced by the outside world. In the ca of the famous Simpson ca, the jury was isolated from the outside world. Foreign trial cas are generally concutive trials, from the court until the ruling, except the statutory rest, shall not be interrupted.
In a court ssion, the judge keeps issuing instructions to the jury. For example: what evidence pointed out that illegal evidence is not evidence, instructed the jury in fact can not be ud if the evidence, the jury accepted the evidence, the jury verdict is invalid.
In order for the jury to make a fair decision, any act of bribing jurors is illegal, and jurors must comply with the relevant laws