Assignment Help-Debate two (2) reasons that maintaining a trial-by-jury court procedure is a better option for your country.
•Imagine you are a judge on the Supreme Court of a nation. The country’s trial-by-jury court procedure is currently under judicial review. The majority of the judges would like to implement an adversarial system. Debate two (2) reasons that maintaining a trial-by-jury court procedure is a better option for your country. Provide justification for your response.
The adversarial system is a set of legal procedures used in Common law countries to determine the truth during adjudication whereby the prosecution and defense counsel compete against each other while the judge ensures fairness and adherence to the rules. Adversarial system seems to be a contest between both sides and they are trying to win and the jury decides who the winner is, while the judge decides whether it was a fair fight. The accused is not obligated to cooperate with the government in a case, but the government may fail to disclose crucial elements of its case against the accused. This system does not seem very fair and work in their favor. Another problem is the wealth effect. The advantage is held by those who can afford to hire skilled attorneys and pay for investigators. With this system it seems if you can’t afford an attorney you will struggle to win your case.
•The United States offers those accused of committing a crime several rights. These rights consist of the right to counsel, the right to remain silent, the right to a trial by a jury, and the right to bail. If you were on trial for committing a crime, specify one (1) right you would be most willing to give up and the one (1) right you could not give up. Predict the impact that giving up your chosen right would have on the court proceedings.
I would be willing to give up my right to counsel, especially if I committed a crime within where I live or the state of. I believe I have enough knowledge to be able to bring my evidence and know what needs to be presented in order to have the case go in my favor. I would not be willing to give up my right to remain silent. I would only be willing to speak about the case on my terms, and what exactly I want to say. If no one talks it is very hard to find someone guilty if no other evidence is brought to the table. There are several crimes committed every day that remain unsolved because everyone says they did not see anything or hear anything.