US jury trial 美国陪审团制度由刀豆文库小编整理，希望给你工作、学习、生活带来方便，猜你可能喜欢“美国的陪审团制度”。
United States
Main article: Trial by jury in the United States
In the United States every person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury, which arises in federal court from Article Three of the United States Constitution, which states in part, “The Trial of all Crimes...shall be by Jury;and such Trial shall be held in the State where the said Crimes shall have been committed.” The right was expanded with the Sixth Amendment to the United States Constitution, which states in part, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed.” Both provisions were made applicable to the states through the Fourteenth Amendment.Most states' constitutions also grant the right of trial by jury in leer criminal matters, though most have abrogated that right in offenses punishable by fine only.The Supreme Court has ruled that if imprisonment is for six months or le, trial by jury is not required, meaning a state may choose whether or not to permit trial by jury in such cases.[28] Under the Federal Rules of Criminal Procedure, if the defendant is entitled to a jury trial, he may waive his right to have a jury, but both the government(prosecution)and court must consent to the waiver.In the cases Apprendi v.New Jersey, 530 U.S.466(2000), and Blakely v.Washington, 542 U.S.296(2004), the Supreme Court of the United States held that a criminal defendant has a right to a jury trial not only on the question of guilt or innocence, but any fact used to increase the defendant's sentence beyond the maximum otherwise allowed by statutes or sentencing guidelines.This invalidated the procedure in many states and the federal courts that allowed sentencing enhancement based on “a preponderance of evidence”, where enhancement could be based on the judge's findings alone.Depending upon the state a jury must be unanimous for either a guilty or not guilty decision.A hung jury results in the defendants release, however charges against the defendant are not dropped and can be reinstated if the state so chooses.Jurors in some states are selected through voter registration and drivers' license lists.A form is sent to prospective jurors to pre-qualify them by asking the recipient to answer questions about citizenship,disabilities, ability to understand the English language, and whether they have any conditions that would excuse them from being a juror.If they are deemed qualified, a summons is iued.It has been speculated that jury trials encourage harsh punishment in the United States.[29]
English common law and the United States Constitution recognize the right to a jury trial to be a fundamental civil liberty or civil right that allows the accused to choose whether to be judged by judges or a jury.In America, it is understood that Juries usually weigh the evidence and testimony to determine questions of fact, while judges usually rule on questions of law, although the dienting justices of the Supreme Court case Sparf et al.v.U.S.156 U.S.51(1895), generally considered the pivotal case concerning the rights and powers of the jury, declared: “It is our deep and settled conviction, confirmed by a re-examination of the authorities „ that the jury, upon the general iue of guilty or not guilty in a criminal case, have the right, as well as the power, to decide, according to their own judgment and consciences, all questions, whether of law or of fact, involved in that iue.” Jury determination of questions of law, sometimes called jury nullification, cannot be
overturned by a judge if doing so would violate legal protections against double jeopardy.[30] Although a judge can throw out a guilty verdict if it was not supported by the evidence, a jurist has no authority to override a verdict that favors a defendant.[31]
It was established in Bushel's Case that a judge cannot order the jury to convict, no matter how strong the evidence is.In civil cases, a special verdict can be given, but in criminal cases, a general verdict is rendered, because requiring a special verdict could apply judicial preure to the jury, and because of the jury's historic function of tempering rules of law by common sense brought to bear upon the facts of a specific case.For this reason, Justice Black and Justice Douglas indicated their disapproval of special interrogatories even in civil cases.[32]
There has been much debate about the advantages and disadvantages of the jury system, the competence or lack thereof of jurors as fact-finders, and the uniformity or capriciousne of the justice they administer.[33] The jury has been described as “an exciting and gallant experiment in the conduct of serious human affairs.”[34] As fact-finders, juries are expected to fulfill the role of lie detector.[35]
However, not all cases are eligible for jury trials.In most US states, there is no right to a jury trial in family law actions not involving a termination of parental rights, such as divorce and custody
modifications.[36][37] Only eleven states allow juries in any aspect of divorce litigation(Colorado, Georgia, Illinois, Louisiana, Maine, Nevada, New York, North Carolina, Tenneee, Texas and Wisconsin).[36] Most
of these limit the right to a jury to try iues regarding grounds or entitlement for divorce only.Texas provides jury trial rights most broadly, including even the right to a jury trial on questions regarding child custody.[36][37] But those who charged with a criminal offense, breach of contract or federal offence have a Constitutional right to a trial by jury.[36]
美国陪审团制度的功能及其对我国审判制度改革的启迪来源：作者：美国陪审团制度的功能及其对我国审判制度改革的启迪饶世权（西南交通大学 成都 610031）TEL：（028）87601311 E-mail：rsq85......
美国实行的是陪审制度，每个公民都有义务和可能被选入陪审团。法官只能帮助陪审团理解法律，无权干涉案件结果。陪审团成员都是随机挑选的。到了法庭还不知道会被选入哪个案例。......
*陪审团制度的产生*陪审团制度是美国民主制度的重要组成部份。两百多年前，美国的开国先父在制定宪法时补充了《权利法案》，以保障普通公民的权利不受政府权力的侵犯，有关陪审团......
美国陪审团制度浅析姓名：李隽婕学号：32012090015班级：财政税务学院 财政班一、陪审团制度的历史陪审团制度首先起源于英国，为了帮助国王调查犯罪，到了17世纪末成为了反对国王武断......
小议美国的陪审团制度——观《12怒汉》有感摘要：美国的陪审团制度是其具有特色的司法制度。本文从陪审团制度的起源和现状出发，重点分析了其在美国司法中的运作，以及对该制度本......
