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A jury trialor trial by juryis a lawful proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia such as Singapore, Pakistan, India, and Malaysia have abolished jury trials on lenalty grounds that juries are susceptible to bias.
Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. Only the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket like malicious prosecution and false imprisonment suits in England and Walesbut true civil jury trials are almost entirely absent elsewhere in the world. Some civil law jurisdictions, however, have arbitration panels where non-legally trained members decide cases in select subject-matter areas relevant to the arbitration panel members' areas of expertise. The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated blandrew a particular case.
In general, the availability of a jury trial if death penalty debate pros and cons demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate death penalty debate pros and cons of trial court decisions is greatly limited. Jury trials are of far less importance or of no importance in countries that do not have a common law system.
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For normal cases, the courts were made up of dikastai of up to citizens. In such large juries, they rule by majority. Juries were appointed by lot. Jurists cast a ceramic disk with an axle in its middle: the axle was either hollow or solid. Thus the way they voted was kept secret because the jurists would hold their disk by the axle by thumb and forefinger, thus hiding whether its axle was hollow or solid. Since Periclean times, jurists were compensated for their sitting in court, with the amount of one day's wages. The institution of trial by jury was ritually depicted by Aeschylus in The Eumenidesthe third and final play of his Oresteia trilogy. dwbate
In the play, the debats is brought about by the goddess Athenawho summons twelve citizens to sit as jury. The god Apollo takes part death penalty debate pros and cons the trial as the advocate for the defendant Orestes and the Furies as prosecutors for the slain Clytemnestra. In the event the jury is split six to sixAthena dictates that the verdict should henceforth be for acquittal. From the beginning of the republic and in the majority of civil cases towards the end of the empire, there were tribunals with the characteristics of the jury, the Roman judges being civilian, lay and not professional.
Capital trials were held in front of juries composed of hundreds or thousands of people in the commitias or centuries, the same as in Athenian trials.
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Roman law provided for the yearly selection of judices, who would be responsible for resolving disputes by acting as jurors, with death penalty debate pros and cons praetor performing many of the duties of a judge. High government officials and their relatives were barred from acting as judices, due to conflicts of interest.
Those previously found guilty of serious crimes felonies were also barred as were gladiators for hire, who likely were hired to resolve disputes through trial by combat. The law was as follows:. The lafif in Maliki jurisprudence developed between the 8th and 11th centuries and stipulated that 12 members of the community would swear to tell the truth and reach a unanimous verdict about matters "which they had personally seen or heard, binding on the judge, to settle the truth concerning facts in a case, between ordinary people, and obtained as of right by the plaintiff.]