没感觉英文Jury - 来自维基百科

2021年1月19日发(作者：ufo是什么)
Jury -
来自维基百科（英文版）节选

A
jury is a sworn body of people convened to render an impartial verdict (a finding of fact on
a question) officially submitted to them by a court, or to set a penalty or judgment. Modern juries
tend
to
be
found
in
courts
to
ascertain
the
guilt,
or
lack
thereof,
in
a
crime.
In
Anglophone
jurisdictions,
the
verdict
may
be
guilty,
not
guilty,
or
(in
Scotland)
not
proven.
Juries
are
composed
of
jurors
(also sometimes
known
as
jurymen), who
are
by
definition
illiterates
in
the
law and finders of fact, not professionals.
The old institution of grand juries still exists in some places, particularly the United States, to
investigate whether enough evidence of a crime exists to bring someone to trial.

The
jury
arrangement
has
evolved
out
of
the
earliest
juries,
which
were
found
in
early
medieval England. Members were supposed to inform themselves of crimes and then of the details
of the crimes. Their function was therefore closer to that of a grand jury than that of a
jury in a
trial.
Juries in the U.S.
There are three types of juries in the United States: criminal grand juries, criminal petit juries,
and civil
juries. In the
United States Constitution, juries are mentioned
in
Article Three and the
Fifth,
the
Sixth,
and
the
Seventh
Amendments.
Juries
are
not
available
in
courts
of
American
Samoa established pursuant to the Constitution of American Samoa.

1
．
History
The
U.S.
Declaration
of
Independence
accused
George
III
of
the
United
Kingdom
of

Article
III
of
the
U.S.
Constitution
states
that
all
trials
shall
be
by
jury.
The
right
was
expanded with the Sixth Amendment to the United States Constitution, which states in part,
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,
and
the
Seventh Amendment to the United States Constitution, which guarantees a jury trial in civil cases.
Both provisions were made applicable to the states through the Fourteenth Amendment.
The U.S. Supreme Court noted the importance of the jury right in its 1968 ruling of Duncan v
.
Louisiana. In Duncan, the Court said:

to protect against unfounded criminal charges brought to eliminate enemies and against judges too
responsive
to
the
voice
of
higher
authority.
The
framers
of
the constitutions
strove
to create
an
independent
judiciary
but
insisted
upon
further
protection
against
arbitrary
action.
Providing
an
accused with the right trial by a
jury of his peers gave him an inestimable safeguard against the
corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge.
Federal jury trial rights
2.1 Criminal juries

2.1.1 Grand jury

2.1.2 Petit jury

2.1.2.1 Scope of constitutional right


2.1.2.2 Sentencing


2.1.2.3 Waiver

2.2 Civil juries

2.2.1 Seventh Amendment


2.2.2 Federal Rules of Civil Procedure


2.2.3 Waiver


Federal jury trial rights: Criminal juries
Grand jury(
维基百科有另文详述
)
Petit jury
Scope of constitutional right
Currently 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,

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.
Most
states' constitutions
also
grant
the
right
of
trial
by
jury
in
lesser
criminal matters, though most have eliminated that right in offenses punishable by fine only. The
Supreme Court has ruled that if imprisonment is for six months or less, trial by jury is not required,
meaning a state may choose whether or not to permit trial by jury in such cases.
Specifically, the Supreme Court has held that no offense can be deemed 'petty' for purposes
of the right to trial by
jury where imprisonment for more than six months is authorized.
Justice
Black
and
Justice
Douglas
concurred,
stating
that
they
would
have
required
a
jury
trial
in
all
criminal
proceedings
in
which
the
sanction
imposed
bears
the
indicia
of
criminal
punishment.
Chief Justice Burger, Justice Harlan and Justice Stewart objected to setting this limitation at six
months for the States, preferring to give them greater leeway. No jury trial was required when the
trial
judge
suspended
sentence
and
placed
defendant
on
probation
for
three
years.
There
is
a
presumption
that
offenses
carrying
a
maximum
imprisonment
of
six
months
or
less
are
petty,
although
it
is
possible
that
such
an
offense
could
be
pushed
into
the
serious
category
if
the
legislature
tacks
on
onerous
penalties
not
involving
incarceration.
No
jury
trial
is
required,
however, when the maximum sentence is six months in jail, a fine not to exceed $$1,000, a 90-day
driver's
license
suspension,
and
attendance
at
an
alcohol
abuse
education
course. The
Supreme
Court
found
that
the
disadvantages
of
such
a sentence,

though
they may
be,
may
be
outweighed by the benefits that result from speedy and inexpensive nonjury adjudications.
interpretations have been criticized on the grounds that
use lightly.
In
the
case
of
traffic
offenses
punishable
by
fine
only
(including
parking
tickets),
and
misdemeanor charges providing for imprisonment of six months or less, the availability of trial by
jury
varies
from
state
to state,
usually
providing
only
for
bench
trials.
The
two
exceptions
are
V
ermont and Virginia, which provide the defendant with the right to a jury trial in all cases, which
means
if
one
is willing
to
pay
the
cost
in case
of
a
loss,
one
may
even
obtain
a
jury
trial
for
a
parking
ticket
in
those
states.
In
V
irginia,
one wanting
a
jury
trial
on
a
minor
misdemeanor
or
traffic offense would actually have a right to twotrials if they wanted a jury trial on the issue, first
by bench trial only in District court, and then, if they lost, to a
trial de novo in Circuit court, this
time with a jury if they chose to do so.
Many
juvenile
court
systems
do
not
recognize
a
right
to
jury
trial,
on
the
grounds
that
juvenile proceedings are civil rather than criminal, and that jury trials would cause the process to
become adversarial.
Sentencing
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
judge's findings alone. Depending upon the state a jury must be unanimous for either a guilty or
not guilty decision. In the event of a hung jury, charges against the defendant are not dropped and
can be reinstated if the state so chooses. In the federal system, a unanimous verdict is required.
Waiver
The vast majority of U.S. criminal cases are not concluded with a jury verdict, but rather by