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In many ways, the trial by jury is a core democratic principle. The separation of legislation from enforcement, and of both of those processes from direct decision-making by ordinary people, is the product of indirect democracy or republicanism. But when the ultimate powers of fact-finding and deciding how government will treat a person given the facts found - whether it be a person's freedom in a criminal trial which can result in incarceration, a person's assets in a civil trial, and a person's dignity and standing in the community in either - lies in the hands of people chosen more or less at random, it is an instantiation of a more direct kind of democracy.
This is more properly the subject of a thousand-page treatise, but I hope my answer can give you some food for thought on the subject. It is a critically important subject and one that has fascinated me for a long time.
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What Franklin Pierce was good at?
He was a very good trial lawyer. He had an excellent memory and could relate to jury members.
What is a regular trial jury called?
Another name for a trial jury is "a panel of one's peers". To be fair, the court tries to have people on the jury that are educated and willing to participate in a fair trial.
What is the difference between a jury trial and a bench trial?
In a jury trial, the case is heard and decided by a group of impartial individuals (the jury). In a bench trial, the case is heard and decided by a judge without a jury. The judge determines the outcome based on the evidence and arguments presented in court.
Which right is protected by the Seventh Amendment?
The right to a jury trial and a fair hearing.
How did democracy affect the lives of Athens?
Democracy in Athens was a direct democracy. In a direct democracy the people decide on the policy initiatives directly
What guarantees trial by jury?
Trial by jury is guaranteed by the first amendment.
Trial by jury and natural rights?
The right to a trial by jury is a right to all citizens in the United States. The trial by jury is part of the criminal procedure.
Why do you have trial by jury?
It depends on the parties in a case to demand for the Jury Trial. It is the plaintiffs right to demand for the Jury or Judge Trial. If the case is involved trial of a heinous crime or matter of public importance, case will be tried by the Jury.
What is trial by jury and where is it in the constitution?
Trial by jury is the right of Americans to be tried for their crimes and judged by a jury of their peers. Trial by jury is guaranteed in the 6th Amendment of the U.S. Constitution.
Is it the trial judges job to determine the credibility of a witness?
In a bench trial, yes. In a jury trial, this is up to the jury.
Who decides the facts that lead to a death sentence?
The jury in a jury trial. In the event of a bench trial, the trial judge.
Describe the procedures leading to bench and jury trials?
The defendant can request a trial held only in front of a judge (bench trial) or trial held in front of a jury (jury trial). In some cases (capital crimes) the option is not offered and a trial by jury is mandatory.
