common law and jury system
legal system of country or the system of justice reflect the history and culture of the country
philosophical question about law, courts,trial,concept of innocent&guilt
people from diff cultures may answer it differently
1 preferable for a dozen guilty people to go free rather than to punished one innocent people unjustly? or sometime nessary to punish innocent so no guilty people escape justine?
2 guilty until proven innocent or is innocent until proven guilty?
Different between US system and other systems
1 Common Law and how it differs from civil law
not unique, brought over from the first settlers from England.
Civil law (other eu countries) consult written code of laws to decide innocent/ guity and what sentence
Common Law(English speaking countries) developed case by case, not only by legal law, but also consider precedent et by other cases.
2 jury system. Constitution ensure the right of trial by jury.
Not judge,but also jury.Listen to testimony and reach a verdict.
Civil law suit:Which side is right and how much to pay damages.
Criminal law suit:Guity or innocent.
How jury reach the decision? Judge deals with the law, jury deal with the fact(sth happened or not )
If beyond a resonable doubt ,must acquit.
required number of jurors don’t agree, hang jury, law requires new trial with new new jury.
Not too efficient.e.g. hang jury, jury selection takes additional time. Attoney select reject jurors who interested and prejudiced, or with no reason. Unbiased group of citizens.Prefer Not by authority.
3 plea bargaining.
Only about 20% legal cases accurally reached the court. Accused plea guity to a lesser crime. Civil cases set off despute with layers, or criminal cases plea bargaining (accuse with guity with a lesser crime). Large number of cases, otherwise the court is too crowded, no trail in court save time & money. Only if cooprate with the presecutor and bring others to justice for less servere punishment,