The Jury can justify its role only if its judgment, which represents the voice of the people, is just. The element of the laity, which distinguishes a jury trial from a court proceeding, in which the fate of the defendant is completely left to the state, constitutes the essence of a jury trial. One of the issues with the participation of lay people in court proceedings is the question of their ability to make impartial decisions. The jury systems in England and the United States devote a lot of attention to the jury selection procedures. The procedures are designed to select individuals who are able to put prejudices, feelings and views aside and adopt a decision impartially and solely based on the evidence presented. Therefore, these procedures, both in England and the United States, enables the court to verify or detect any bias of a potential juror with regard to a specific case. Various tools, which help eliminate biased jurors and ensure that he or she does not serve on the jury, are available for this purpose. Although the English and American systems differ, both procedures follow the principle that the jury composition should be a representative sample of the community, as there is a greater likelihood that the decision taken by such jury is objective and impartial. However, the jury selection procedures significantly differ in all of the subsequent steps.
|
