The decision in legal system should be fair to both the victim andthe defendant. In this case I would prefer the jury of peers. This isbecause the peers can put themselves into the position of a victim ordefendant and therefore he/she could decide as to what would havefelt reasonable. The juries of peers put into the consideration whata reasonable man could do in terms of ability, standards andknowledge. The decision is therefore based on the standards thatexist on average person and what he/she could do in a similarcircumstance.These juries look at evidence and make decision that isnot influenced by political system, government or lawyers. I wouldtherefore prefer jury of peers since they are unbiased as opposed toprofessional juries.
If the US did not have the rightto trial by jury, there still could be effective judicial system.This is because it applies only to criminal cases that may lead toimprisonment greater than six months. Furthermore, the trial by juryof their peers may be waived by plaintiff and the defendant and thedecision can be passed by judges based on established laws.One of the highly publicized case is that of South African athletewho was convicted of killing her girlfriend (France-Pesse, 2016). Theright for trial by a jury should have been applied since the caseconcerns serious criminal offence that necessitates jail term morethan six months.
Jury of nullification is passingof decision by a jury that favors defendant despite of the knowledgeof the facts of the case by the jury (Conrad,2013).The jurynullifies the case and fines the defendant not liable though he/sheis liable. Similarly, a jury may convict a defendant in contradictionto the existing law even if the defendant had not broken any rules(Lerner, 2014).Explaining jury of nullification can better the decision making ofjury in that the jury are able to find the facts and apply evidenceto pass fair decision according to existing laws.
France-Pesse, A. (2016). OscarPistorius on suicide watch in South African prison. Retrieved fromhttp://www.telegraph.co.uk/news/2016/08/14/oscar-pistorius-on-suicide-watch-in-south-africa-prison/.
Lerner, R. L. (2014). The Failure of Originalism in PreservingConstitutional Rights to Civil Jury Trial. William & Mary Billof Rights, 28, 811.
Conrad,C. S. (2013). JuryNullification: The Evolution of a Doctrine.Cato Institute