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下面为大家整理一篇优秀的assignment代写范文- American jury，供大家参考学习，这篇论文讨论了美国的陪审团。美国的陪审团分为大陪审团和小陪审团。大陪审团的职责是听取检察官的报告，审查检察官提出的证据，以决定是否应当对被告进行起诉。而小陪审团的职责则是确定刑事案件的被告人是否有罪，民事案件的被告人是否构成侵权。如果陪审团裁定被告有罪或侵权成立，主审法官将对被告裁定刑罚或赔偿金额；反之，审判宣告结束。在案件的审理中陪审团负责对案件事实加以裁定，法官负责具体的法律适用。

American juries are divided into grand and small juries. Grand juries, also known as "indictment juries", usually consist of 6 to 23 randomly selected ordinary citizens. Its function is to hear the report of the prosecutor and examine the evidence presented by the prosecutor in order to decide whether the accused should be prosecuted. A small jury, also known as a trial jury, determines whether the defendant in a criminal case is guilty or not, and whether the defendant in a civil case constitutes a tort. If the jury finds the defendant guilty or guilty of infringement, the presiding judge will determine the penalty or amount of compensation for the defendant; instead, the trial ended. In the trial of a case, the jury is responsible for determining the facts of the case and the judge is responsible for the specific application of the law.

Minor jury candidates are randomly selected by judges from among citizens. Under the federal jury selection and service act of the United States, serving as a juror in the United States requires the following: a U.S. citizen who has reached the age of 18 and has lived in a judicial district for a certain period of time; Fluent in English; Physically and mentally competent for jury work; There is currently no charge of a crime punishable by more than one year in prison and no criminal record of more than one year in prison. Before a case is heard, prosecutors and lawyers screen the candidates separately to form a jury. At the same time, both parties also have the right to exclude a certain number of candidates without any reason through the absolute objection procedure. The jury is made up of 12 people. Some states allow six people to sit on a jury in certain cases and in civil cases.

Rousseau's social contract theory is one of the theoretical bases of American jury system. According to the social contract theory, all human beings are created equal and enjoy complete and equal rights. People transfer part of their rights to the state, thus generating the power of the state. State power comes from the people and should be subject to their supervision and restriction to prevent the state from abusing its power to harm the people's rights. As the last barrier to social justice, judicial power must reflect the will of the people and must not go against the mainstream values of the society and the concept of fairness and justice.

Secondly, the thought that everyone has the right to be tried by "his own kind" and "people's representatives to participate in the trial" proposed by the bourgeois enlightenment thinkers are also the theoretical basis of the American jury system. Jury members are randomly selected from among ordinary citizens and selected by prosecutors and defense lawyers. The members of the jury will have similarities with the parties in social status, identity background, life experience and other aspects. The verdict made by them can be recognized by the parties and the credibility of the trial is higher.

Third, the United States is a country where the judiciary dominates legislation. As a country of case law system, its legal principles and rules are mainly established by specific case adjudication, and jury trial can be regarded as ordinary citizens' participation in legislation. The jury has the power of nullification. It can disregard the guidance of the judge and the relevant laws, make the judgment in conflict with the existing laws, or even overturn the original case law provisions and form new provisions.

The list of jury candidates is formed by judges randomly selected from local citizens through voter lists, social security Numbers or telephone number registers. This randomness ensures that the jury can roughly represent the public and conform to public opinion. The issue of racial discrimination also received attention in the jury system, and the court could not "exclude the qualification of citizens as jurors because of race, color, gender, religious belief and other reasons".

The class of judges, lacking other social experience, may overlook some of the evidence that is crucial to the adjudication of cases. Jury members come from all walks of life, and their identities, backgrounds, and experiences vary. Jurors in the trial process will be based on their own experience in the selection of those who think there is a doubt of the case or the fact that the decisive role of evidence.

Jury decisions are based on "consensus," and some states allow juries to rule on facts based on "majority consent." "Excluding reasonable doubt" is a basic principle of criminal trial in the United States, which requires that the evidence of the prosecutor must be able to prove beyond reasonable doubt, the charge of the defendant can be established, and the court can impose punishment on the defendant.

The division of duties between the jury and the judge makes the decision of the case actually made by the jury. Jury members are randomly selected and it is impossible to know the jury members before the trial. The jury's discussion of the case is held in secret, during which the jurors are not allowed to leave, nor are they allowed to enter.

As a basic judicial system in the United States, the existence of the jury system is inseparable from the legal concept and social culture of the United States. It is the American society that creates the existence and development of the jury system, and the jury system also promotes the continuous development of the rule of law in the United States.

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