Usually federal judges decide constitutional questions.
2006-09-04 01:15:06
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answer #1
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answered by ? 5
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The Jury is the unsung portion of the American checks-and-balances system. Too often, when people sit on juries, they only ask themselves whether the defendant actually committed the act in question. They rarely ask whether the defendant should be punished.
Yet, that is the entire point of having a jury. If it is an issue of whether a particular set of facts meets the threshholds established in law, a judge is in a far better position to decide, because the judge is trained in the law, and understands precedents.
However, having a jury involved means that the members of the community at large make the final decision. The community elects the legislature which passes the legislation, the community elects the president, governor, or other executive official who executes the law, and the community elects or otherwise oversees the appointments of the judicial branch, which adjudicates issues. Yet, when it comes to trials, the final decision is still left to the community itself, not to its elected or appointed officials.
The trouble is that people don't understand that juries are part of the checks-and-balances system. People are taught from a young age that the check held by the judiciary belongs to judges and their power to declare a law unconstitutional. That is not the entire story. The rest of the power belongs to the juries and their ability to render a not guilty verdict even in the fact of evidence to the contrary.
Consider, for example, the Fugitive Slave Acts, a series of federal laws before the Civil War. Under these acts,anyone who assisted a runaway slave was guilty of a federal felony. However, in many instances, Northern juries refused to convict people who assisted runaway slaves. The juries said that even though these laws had been passed by the Congress and signed by several Presidents, they were simply wrong, and should not be enforced. Thus, the people had the final word in these cases, just as they should as jurors.
Because Americans have so little grasp of history or the historical role played by juries, and because Americans have so little grasp of the Constitutional separation of powers (indeed, the Constitution gives almost no power to the President), Americans simply remain ignorant of their rights not only as jurors but as citizens overall.
2006-09-04 10:55:47
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answer #2
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answered by Scott K 2
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They are duped into believing that the Judge determines the Law of the matter. In actuality, the jury determines the law, the facts and the guilt or innocence of the defendant. There is an organization called the Fully Informed Jury Assn that has great handbooks for potential jurists.
2006-09-04 08:20:18
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answer #3
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answered by Paladin 4
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Your question makes no sense. Perhaps you need to compose the question in such a way that people understand what you seek to know.
Jury duty is not a right; it is a duty, a privilege, and an awesome responsibility. Jurors should not seek to rewrite unjust laws; the Constitution gives that job to the legislature. Jurors should not interpret law, as that is the job of the judge. Jurors listen to the testimony and use their life experience to determine what testimony is true. Once they establish that, they apply the laws that the judge instructs them to use, and the judge gives them the definition of any key components of the applicable laws. While the judge has the final say on what laws apply, and what definitions to give to the jury, each side has the opportunity to negotiate with each other and the judge to ensure that the trial is fair to the people and to the accused.
I hope that helps you understand the system better.
Will D
Enterprise AL
http://www.notagz.com
2006-09-04 08:25:29
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answer #4
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answered by Will D 4
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Jury Duty is a farce because justice in America has nothing to do with guilt or innocence of the accused. It's all about how much money the accused can afford to be found innocent.
2006-09-04 08:17:17
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answer #5
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answered by mburkeslaw 2
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Because people chosen really don't care about being there nor did the probably want to go.
2006-09-04 08:13:52
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answer #6
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answered by Elitist, much? 3
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What is your question, exactly?
2006-09-04 11:37:51
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answer #7
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answered by sdc_99 5
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I don't know, why are you?
2006-09-04 08:55:07
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answer #8
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answered by rhymingron 6
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