South Africa Banned Jury Trials Essay

715 Words Oct 29th, 2015 3 Pages
To answer the debate on whether to not use a jury in criminal case I turned to the internet to research the topic closer. Instinctually, I think that it would be a good idea to move to a judge trial. In my research, I have definitely made up my mind that this is the best way to go to solve a number of issues that currently are occurring in our judicial system. In the internet article on www.businessinsider.com (America should get rid of the jury trial) was very informative to me in reaching my decision. South Africa banned jury trials in 1969. The main reason behind this is the lack of willing people to serve as well as the odds of racial profiling. In America I do not think it is so much a racial profiling issue as it is that the judicial system is so complicated that the majority of people that would be called to jury duty simply do not have the intelligence or legal knowledge to decipher a large portion of the information and the idiosyncrasies of the law. Law professor Peter Van Koppen explained why this is such an issue stating that jurors often have to decide “technical issues beyond their aptitude.” I was unaware that the jury trial began in King Henry II time to settle land disputes. When the American Colonies where formed the Sixth Amendment of the Constitution ensures the right of the accused to not only have a speedy trial, but to have a jury of impartial people to oversee the process. This may have been a very useful tool in the days of a simpler time.…

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