El Article III of the United States Constitution ensures that anyone accused of a crime has the right to a fair trial before a competent judge and jury.
The jury is one of the fundamental elements of the judicial process and the idea of justice in the United States.
This concept has its origin in the importance that the Jury Courts had during the fight for independence, as representatives of the American people before the judges appointed by the crown.
The jury is tasked with deciding the guilt or liability of the accused through a verdict. which is based on the specific facts of the case, voting according to his or her conscience without the need for legal knowledge, since this corresponds only to the judge.
The jury is divided into two types: The Grand Jury and the Petit Jury.
The selection of the members of both juries is a completely random process.
The Grand Jury
The Grand Jury is responsible for carrying out the prosecution, determining whether there is sufficient evidence to suggest that a crime has been committed and that one or more persons may be responsible.
Petit Jury
The Petit Jury, or ordinary jury, decides on the guilt of the accused and must reach a unanimous verdict.
Requirements to be a member of the Jury Court
In order to be a member of a Jury Court in the United States, it is necessary meet certain requirements:
Be a U.S. citizen, have reached the age of majority (which varies between 18 and 21 years old depending on the state), know English, know how to read and write, have lived at least one year in the corresponding judicial district, not have any physical or mental illness that incapacitates one from performing jury duties, and have not been convicted or prosecuted for any crime.
Function of the judge
When a judge takes a case to be tried before a jury, Its function is to organize, facilitate and supervise the process to ensure that a goal is achieved fair and impartial result based on the evaluation of the evidence presented.
The importance of the jury in the cases of Michael Jackson and George Floyd
What happens when it comes to trials with high media impact?
How are jurors chosen in cases like the death of George floyd or the trial for the death of Michael Jackson?
George floyd
In the case of the death of George Floyd, It is unlikely that potential jurors did not have some prior knowledge of what happened, since his death, which occurred in May 2020 in Minneapolis, inspired protests worldwide.
For these types of high-profile trials, Specialized consultants are often used to analyze aspects such as the potential jurors' history and even their body language..
For example, in this case, jurors were asked to complete a 16-page questionnaire related to the case.
Among the questions highlighted were: How many times have you watched the video of George Floyd's death? Have you participated in marches against police brutality?
If so, were you carrying signs? What is your opinion of the Blue Lives Matter movement (which supports the police) – favorable or unfavorable? Do you think our criminal justice system is fair?
Michael Jackson
In 2011, during the trial for the death of Michael Jackson, Conrad Murray, who was his personal physician at the time of his death, faced a sentence of up to four years in prison, accused by the prosecution of involuntary manslaughter for having given the singer a lethal dose of propofol.
In this case, Potential jurors were given a 30-page document with 113 questions on topics such as drugs (e.g., "Would you allow propofol to be administered to you?") the fairness of the system (e.g., "Do you think Murray can get a fair trial?") or the influence of the media ("Will the presence of cameras and media affect your ability to be impartial with both sides of the case?")
Many of the questions also focused on whether the jury was a fan of Jackson's music or had seen the posthumous film. this is it, whose filming was left unfinished after the artist's death, but which was a success.
Questions leak
Although these questions should be confidential, some of them were leaked on television media and on websites, which raised concerns among the judge in charge of the case, who said that this leak could influence the responses of the jury members.
Decline in jury use
Despite the relevance of the jury in cases such as those mentioned, jury trial is becoming less common in the American judicial system.
The astonishingly low number of jury trials held each year, compared to the total number of criminal cases, is an unquestionable reality.
In 1994, 90% of criminal cases resolved in federal courts were resolved through plea agreements negotiated with the prosecution (guilty plea).
In that same year, 93% of people convicted in state courts also pleaded guilty without going to trial, following this same procedure.
On less serious crimes, known as misdemeanors, which carry penalties of less than one year in prison, the percentage was even higher.
It is not known for certain what has led to this decline in jury trials, but what we can conclude is that one of the reasons why justice remains an enigmatic concept lies in the extreme difficulty in determining under what conditions a decision can be considered fair.
RRYP Global, a law firm specializing in international right.
