DBQ Jury System

Instructions 1. Keep a pen or pencil and place your binder on the back table. 2. Each group needs to assign the following responsibilities: ?. 1 member to be the recorder (secretary) – you will be writing on chart paper. ?. 1 member to be the leader – lead the group discussions & make sure the group gets the tasks done; keeps track of time ?. 2 members to present the group final information/consensus Bell Ringer 03/13/2013 ___ JURY ___ VERDICT ___ JUROR ___ CONTROVERSIAL ___ DELIBERATION ___ ACQUIT ___ UNANIMOUS ___ POOL A. a member of a jury B. careful consideration before a decision C.

found not guilty D. decision E. a randomly selected group of people F. total and complete agreement G. A group of ordinary citizens who are chosen to render a decision in a court case H. something that causes strong disagreement ?Independently, on the handout provided, match the DBQ terms/vocabulary on the left with the correct definition on the right side (3 min. ). ?Share with group members your answers, come to a group consensus (agreement) about each answer (3 min). ?

Whole class sharing. G D A H B C F E Sample answers: Will be fair to another student. Has best understanding of the situation in the classroom. Will decide the facts of the case in front of them. Is an expert with lots of experience. Will not be swayed by emotion or sentiment. His/her decision will be consistent with similar incidents in the past. Reread the story individually and mark (with highlighter) the reasons Sally wants students to make the decision (student Jury) – 3 min. Discuss and write the three best reasons on the chart paper – 3 min. Brainstorm why it might be better for the principal to make the decision and write the three best reasons on the paper – 3 min.

1 2 3 4 5 6 7 8 9 10 11 Bellringer 3/15 As a group discuss the answers and then individually answer in complete sentences that re-states the question (5 minutes) •1. What is the difference between a jury trial and a bench trial? •2. Are both jury and bench trials available in federal and state court cases? •3. Are both jury and bench trials available in criminal and civil cases? Reasons Keeping Jury trials Reasons Ending Jury Trials Keeping/Ending Reason #1 Keeping/Ending Reason #2 Keeping/Ending Reason #3 Is the American jury system still a good idea? Document A analysis •10 minutes for individual analysis •5 minutes for discussions your answers with your group Document A Analysis •1.

Less than 1% (0. 76%) of federal civil cases were tried before juries in 2010. * •2. Only 3. 7% of federal criminal cases were tried before juries in 2010. •3. 2,352 criminal defendants had a jury trial. Of these 88% resulted in a conviction (12% were acquitted) Document A Analysis •4. Bench •5. The document might be used as an example of what Harry Kalven and Hans Zeisel called the “iceberg effect”: even though they are very few jury trials in the federal courts, the possibility of such a trial (jury) has a powerful effect on the rest of the cases.

Document A analysis •6. Some might argue that the document shows how little used the jury system is. Even in federal court, jury trials are rare events and they are expensive. Juries do not appear to be cost-effective. Bench trials are less expensive and are already more often used. BELLRINGER 3/18 •What is the most important thing to remember when serving on a jury? Document B Analysis •5 minutes for individual analysis •5 minutes to discuss your answers with your group. Document B analysis •1.

Sacred cow means that something is so respected that people don’t like it to be criticized. •2. The author hints at the arbitrary and perhaps absurd nature of jury service as a way of determining justice. Document B analysis •3. The author makes the point that Americans are attached to the jury system because that is the system they are used to. If American’s had always only had bench (judge only) trials that is what they would be used to. Judges are “reasoned” and “professional” in contrast to the judgment of randomly chosen and probably uncomfortable jurors. Document C Analysis •1. Citizenship •2.

Person who enjoy the right to trial by jury, jurors, and American democracy as a whole. •3. They believe that the jury system gives ordinary citizens an important role in the oversight of the judicial branch of government. Also it promotes civic virtue and an opportunity for democratic self- government. Document C Analysis •4. By serving on a jury •5. This document argues strongly for the civic and democratic values of juries and jury service. The jury system benefits those who serve, those whose cases appear before it, and democracy itself.

Document D analysis •1. agree with acquittal- Jose Baez, Joe Adamson…. disagree- Angela Wright, Janine Gonzalez, Lawson Lamar •2. Because the body of Caylee Anthony was found months after she had died, it was impossible to tell exactly how she died. These facts made the prosecution’s case of proving guilt much more difficult. Document D analysis •3. He seems to be implying that the jury did their job and did not speculate (or believe in “science fiction”) beyond the facts. •4. Some could argue that this case shows just how well the jury system works. The fact that the jurors were not swayed by all the negative media coverage and the rights of the criminally accused are protected.

Document D analysis •5. Some could argue that this case illustrates the failure of the jury system. Despite all the evidence pointing to the guilt of the defendant, the jury was unable to convict. Maybe 12 “ordinary people” could be easily confused and misled by evidence or fail to convict even when sufficient evidence exists, as Lawson Lamar implies. A judge might prove more objective. BELLRINGER 3/19 •A high ranking Florida official was forced to resign last week. Who was this and what did they do? Document E Analysis Members of the Jury (cartoons) •1. As many as five are focused on the trial.

At least 7 (maybe 9 or 10) are thinking about other things. The twelve people on the jury have very different orientations to the case before them. They are not focused but listening to testimony ALL day without the chance to ask questions or discuss the case with ANYONE is hard to do. Document E Analysis Members of the Jury (cartoons) •2. the jury has based their decision on how the defendant appears and not the evidence. It reminds us that juries (and the rest of us) often make judgments on appearance and not necessarily facts. •3. The attorney is worried because the witness is a dog and the jury is all cats and the cats won’t believe a dog’s testimony.

Document E Analysis Members of the Jury (cartoons) 4. You can use these cartoons to make the same criticisms (lacking focus, etc. ) of bench trials where only one person is responsible. A jury of 12 people can work together to identify relevant evidence, overcome initial prejudices. 5. These cartoons illustrate various concerns that people have about juries (thinking about unrelated issues, making snap judgements, base prejudices). Document F Analysis Mark Twain on American Juries 1. 1872 2.