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Study On The Manipulation Of Jury In The United States

Posted on:2019-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:X X YanFull Text:PDF
GTID:2416330596952259Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The jury system and the adversarial trial model are closely related.The adversarial trial model is not a product created by the legislator,but is a product of judicial practice.The jury system was written into the American Bill of Rights from the 18 th century to now.After three centuries,it has a very profound historical and cultural background.The jury system initially existed in the history of the United States as a tool and means to resist the colonial rule of the sovereign state.With the establishment of the United States,the jury system has been used up to now,and many countries have followed suit.The jury system has rich cultural heritage and humanistic ideas.It is not only a judicial system but also a cultural system.The operation of the jury system relied on the application of the adversarial trial model.With the gradual establishment of the adversarial trial model,the jury system gradually became perfect.The adversarial trial model originated in the United Kingdom in order to satisfy the reality of judicial practice.The need for confrontational trials was gradually established.The jury system that has been separated from the United Kingdom has gained vitality and considerable development since its implementation in the United States.The jury system has contributed to the maintenance of judicial fairness,justice and judicial democracy for a period of time.Experts and scholars have always studied the jury system.Not only that,but also in many films and television shows,juries are often seen.The status of the jury in the history of the United States has also been through twists and turns,and thecontroversy over the jury system has never ceased.The value of the jury system,such as democracy,freedom,and justice,has always been talked about by experts and scholars,but the verdict of the jury has been criticized by the public because of the absence of an explanation process.We should correctly assess its role and value for the existence of the jury system with an objective and rational vision.We must not only see its advantages,but also see its shortcomings.Because the jury system and the adjudicative trial model are all the products of judicial practice,we must find out the problems that exist in specific practices so as to better perfect this system.The film“Out of Control” provides a new perspective for us to fully understand the jury system.The director proposed bold ideas for the jury system,and the out-of-control jury brought the public's attention to the jury's manageability.Since the jury can be manipulated,what are the subjects and methods of handling the jury? Judging from the premise that the jury can be manipulated,the article is divided into three parts.The first part is the first chapter of the article.The main content of this chapter is to introduce the concept and elements of manipulation.Defining the concept of manipulation and differentiating between manipulation and influence and persuasion.Describes what constitutes manipulation.The second part is the second chapter of the article.This chapter introduces the reasons why the jury can be manipulated.There are two reasons.The first part introduces the system basis for the jury to be controlled.Second,The section introduces the main body of the jury being controlled.The third part is the third chapter of the article.The third chapter aims to introduce the method of handling the jury.The main body of the control is used as the standard of division.They respectively introduce the methods used by lawyers,judges,and individuals to control the jury.In this section,this section combines the storyline of the movie to add fun to the argumentation of this paragraph.Finally,in the conclusion part of the article,the chapter presents a reflection on the issue of the jury being manipulated.
Keywords/Search Tags:the meaning of the manipulation, the system of control and the main body, the method of control
PDF Full Text Request
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