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对美国陪审制度的分析

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2014-04-09

1635 , Virginia established the grand jury system . Primarily responsible for the allegations of criminal cases and crime investigation and ultimately decide whether to refer the case to court . 1641 " Massachusetts Freedom Agenda " in the provisions , civil and criminal cases the parties may choose the parties as a judge or jury trial. After the victory of the War of Independence , the judge and the jury began to separate the functions of the jury is primarily responsible for part of the facts of the case ruled that the judge responsible for legal issues applicable sections . At this point, the jury system on the mode of operation and scope of basic finalized, although the specific operation of the colonies vary . After the 20th century , the American jury system mainly carried out on the following three areas of reform : first, the jury selection issue .

Women and blacks can become members of the jury , and in some cases involving black crime also specifically requires the participation of black jurors . Meanwhile, traditionally important professionals and provide a valuable service to the community of other people , can be exempted from jury to fulfill its obligations. Again, the jury verdict matter of principle. The traditional jury verdict must be consistent to be effective . Majoritarian principle is also now beginning to be used in the 12 -person jury i

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2 , the U.S. jury system of law. The legal basis for the American jury system extensively , mainly reflected in the constitution , statutes and judicial opinions , but it is still most major constitutional provisions relating to the jury system . In addition, " the U.S. Federal Rules of Criminal Procedure ", " American Bar Association Jury Standard", " federal jury selection Law" and other laws for the jury system provides a legal basis , these are the U.S. jury system exists legal basis . In the U.S. Constitution expressly provides for jury mainly in the following four : ( 1 ) second paragraph of Article III of the Constitution : "The Trial of all Crimes , except in Cases of Impeachment outside , shall be by jury . The trial shall be Upon the occurrence of the crimes of the state was held , but the crime that takes place in any states , the trial by congress to place as prescribed by law . " this suggests that the jury system was originally included in the constitution of the judicial process documented , its initial use of the federal level, that someone violated federal laws , shall be subject to a jury trial, but except in cases of impeachment . ( 2 ) the Fifth Amendment : Non- prosecution by the grand jury , people from the capital, or due to a felony civil rights deprived part of the trial ...... it also may not, without due process of loss of life ...... ( 3 ) Constitution Sixth Amendment : in all criminal prosecutions, the accused shall enjoy the following rights crimes committed by the state and district to be prompt and impartial jury trial open to the public ...... ( 4 ) Article 7 of the Constitution amendment : at common law litigation , the subject matter of litigation , such as those over twenty days , the parties have the right to a jury trial. Trial by jury of the event , imposed in conformity with the rules of the common law , shall not in any court in America retrial . In addition, the U.S. Constitution still an implicit relevant provisions of the jury system is that the Fourteenth Amendment : " No state shall not deprive the United States designated or execute privileges or immunities of citizens of the laws , nor without due process so that anyone lose their life, liberty , or property, and shall not be within the jurisdiction of the state of any person to the equal protection of the law . " this is a clear that the people at the federal level under the legal protection also applies to state level, which of course includes the jury system . However , the Supreme Court in 1968 had just confirmed this principle .

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