美国陪审团制度PPT

美国实行的是陪审制度，每个公民都有义务和可能被选入陪审团。

法官只能帮助陪审团理解法律，无权干涉案件结果。

陪审团成员都是随机挑选的。

到了法庭还不知道会被选入哪个案例。

200多各个来自不同族裔不同年龄不同职业的候选人等待入选。

行贿受贿的可能几乎到了零。

美国法律其中一个重要的观念是陪审团制度，也是属於普通法传统，在美国宪法的第六条修订案里列明人民涉及刑事案时有权要求一个陪审团的审讯 凡入籍成为美国公民的人，有义务免费担当陪审员一职。

移民美国的人，对此要有一定认识。

陪审团在西方社会有悠久的历史。

早在希腊的城邦时期，陪审团制度经已确立和流行。

在阿里斯多德的名著《希腊宪法》中所述及的陪审团，与现在美国的陪审团制度十分相似，这实在使现代人十分惊奇。

当时希腊还没有审讯律师，人民是自我代表的，陪审员也是普通市民，可以说是真正的人民法庭。

当时一件案的陪审团由二百至三百个陪审员组成；著名哲学家苏格拉底的审判团，就是由五百零一个陪审员所组成，结果多数陪审员判他有罪。

开审前每个陪审员都分得两个小金属牌，一个铸著「有罪」，另一个「无罪」。

当控辩双方提出证据后，陪审员就作出自己的判断，把其中一个金属牌放进一个罐里，最后点算金属牌来决定被告人是否被定罪。

今日美国的陪审团定为十二人，这是英国在一一六六年英皇亨利二世时所开始，而在一三六七年正式确立的。

陪审员都是普通市民，他们要宣誓以公平客观的态度来听审，由法官主持和作有关法律上的指导，然后集体作出裁决。

刑事案和民事案的陪审制度大致相同，但判决的标准则有所分别。

在刑事案方面，按联邦政府和大部分州的制度，一件案件的十二名陪审员一定要达成全体一致的决定(unanimousdecision)，方能裁决。

(俄勒岗州的刑事案，十对二即可裁决。

)民事案的陪审员则只要达成大多数的共识，就可以判案。

美国各州的民事陪审法律都有不同，例如加州是九对三，俄勒岗州是十对二定案，佛州是十对二。

刑事和民事陪审制度的另一分别，是民事案的陪审员往往要对案中个别的问题分别作出裁决，英文叫做「特别的裁决」(Specialverdict)，例如案中某一事项判被告向原告赔偿，在另一事项上可能判决部分赔偿或毋须赔偿。

美国陪审团制度简介作者：陪审团制度是美国民主制度的重要组成部分。

在美国，刑事案件的审理和部分民事案件（主要是民事侵权案件）都有可能使用陪审团。

美国联邦宪法第三条规定，所有刑事案件的审判，除弹劾案外，都必须有陪审团出庭；宪法第六条修正案规定，刑事诉讼中，被告享受由公正的陪审团迅速和公开审理的权利；第七条修正案规定，在普通民事诉讼中，如果争执价值超过20美元，由陪审团审判的权利就应该得到保护。

部分民事案件（主要是民事侵权案件）都有可能使用陪审团。

美国联邦宪法第三条规定，所有刑事案件的审判，除弹劾案外，都必须有陪审团出庭；宪法第六条修正案规定，刑事诉讼中，被告享受由公正的陪审团迅速和公开审理的权利；第七条修正案规定，在普通民事诉讼中，如果争执价值超过20美元，由陪审团审判的权利就应该得到保护。

美国的陪审团分为大陪审团和小陪审团。

大陪审团只处理刑事案件，职责是听审证据，也就是根据检察官、当事人以及证人的陈述，决定是否对被告进行起诉；小陪审团在刑事诉讼中，通过对案件事实的认定，决定嫌疑人是否有罪，在民事诉讼中解决争议，并决定是否赔偿。

我们一般所说的陪审团主要是指小陪审团。

1、美国采纳陪审团制度的主要原因美国人之所以推崇陪审团制度，主要有几个原因。

一是历史原因。

一般而言，真正的陪审团制度起源于英国，英国人踏上美洲大陆，自然而然地将其所熟悉的法律制度带到了美国，陪审团制度便开始生根发展。

另外一个原因就是美国人的民主意识和参与意识比较强。

美国人认为陪审团制度是对政府权力的有效制约，允许一个独立的陪审团参加到司法裁判的过程中，可以防止政府在法律制度中滥用权力。

同时，美国人认为由于陪审团要反映社会的人口特征和价值观念，这就令他们感到自己通过代表参与到了法律制度的运作之中。

还有一个原因就是美国人认为所有人在这个制度中都是平等的，他们都将同样接受陪审团的评判。

2、陪审团制度的具体实施（1）选拔陪审员。

一般来说，陪审员是从社会上的大多数人口中挑选的，尽可能代表美国社会的各个阶层、各种人群。

美国陪审团制度一、陪审团制度陪审团制度既是司法制度也是政治制度。

在美国陪审团主要有以下三种功能：判定事实；依据主审法官给予陪审团的指示中所阐释的法律后果对事实进行评价；以裁断的形式提出其评议结论。

美国的陪审团只负责事实方面的审理，法官则主要负责法律方面的审理。

陪审制存在陪审团制和参审制两种形式。

陪审团制是指由一定数量的陪审员组成陪审团参与案件的审判，决定案件的事实问题，而由专业法官决定案件的法律问题的一种陪审形式。

陪审制主要存在于英美法系国家。

陪审团制又分为大陪审团和小陪审团。

大陪审团负责审查重罪案件的起诉，小陪审团的职责是出席法庭审理并作出是否有罪的裁决；大陪审团有23人组成，小陪审团有12人组成。

但是现在大陪审团制度已经逐步消弱，其适用范围也在进一步缩小，只在一些重大和有特殊影响的案件中使用大陪审团调查起诉。

参审制是指由陪审员与专业法官共同组成合议庭，共同决定案件的事实问题与法律问题的一种陪审形式。

参审制多存在于大陆法系国家。

二、陪审团制度的历史陪审团已有超过两千年的历史，它的起源可以追溯到古希腊和古罗马，那时的陪审团最多可由6000人组成，并且当时对案件事实的认定方式仍然没有超越神判的范畴。

现代意义上的陪审团起源于公元九世纪的法兰西王朝。

1066年陪审团作为“邻里证人”制度传入英国。

亨利二世时期陪审团开始发挥司法职能。

1215年，《自由大宪章》以法律形式把陪审团制度固定下来。

1352年爱德华三世将负责起诉的陪审团与审判过程中的陪审团分立，审判过程中的陪审团主要在普通法诉讼中作出事实方面的裁决，现代意义上的陪审团制度由此建立。

美国作为英国的殖民地，北美地区的早期开拓者继承了一系列英国的司法制度，其中也有陪审团制度。

陪审团在美国的历史发展中发挥了非常重要的作用。

1787年的美国宪法规定了陪审团制度，但是这部宪法只规定了刑事诉讼中的陪审团，而没有规定民事诉讼陪审团，民事诉讼陪审团的地位受到轻视。

---------------------------------------------------------------最新资料推荐------------------------------------------------------ 陪审团制度（The Jury System）陪审团制度（The Jury System） The jury system refers to the system that a certain number of voting citizens participate in deciding whether to prosecute the suspect and to decide the case.A jury has the distinction between a grand jury and a small jury.A grand jury may hear several cases during its term, while a minor jury is a case. A small jury is usually composed of 6-12 people. According to American law, every adult citizen of the United States has the duty to serve as a juror. However, a person who is under 18 years of age, who is not living in the mainland, who has no knowledge of English and hearing impairment, who has criminal record, is not eligible to serve as a juror. Jurors are selected by court to draw out a number of residents with state identity cards as candidates. After that, each of them had to fill out a questionnaire about himself. The court notice, and then to the court for questioning and the selection of. Popularly speaking, juries are eligible citizens who have been randomly selected to be brought together and not allowed to contact the outside world during the trial. They are responsible for voting on a defendant: first, whether to prosecute; two, whether guilty?. In the United States, juries1 / 11may be used in criminal cases and in some civil cases (mainly civil cases). In Britain and Commonwealth countries, juries are no longer used in civil cases. As is known to all, the jury’s basic function is to determine the facts of the case. In a jury proceeding, the judge does not recognize the fact that the basic function of the judge is to control the proceedings and to apply the law in accordance with the facts held by the jury. For cases requiring jury trials, the first step is to select jurors and form juries. Jurors are often very complex, and jury selection is a highly skilled work. The jury’s selection is under the auspices of the presiding judge. The judge’s assistant randomly extracts the list of candidates from the local voter registration manual. Judges determine the number of candidates for initial jurors according to the circumstances of the case, and sometimes the number of candidates can be as many as two or three. The jury’s selection was made public. When selecting, both the judge and both attorneys should be present at the court. When the judges begin screening candidates, they should brief the candidate on the merits. With the consent of the judge, the others may sit in the court. The candidate of the jury determines the seat number in the court by drawing lots. The number of candidates for a jury is very---------------------------------------------------------------最新资料推荐------------------------------------------------------ important because the jurors are chosen in numerical order. To determine the number of candidates in accordance with the number of seated, according to the instructions of the assistant judge, fill out the questionnaire in the help of assistant judges. The specific cases are different, and the questionnaire will also investigate the problems. On environmental litigation cases, the questionnaire may have you on environmental protection and industrial development to see, you are affected by environmental pollution violations ; on tobacco litigation cases, the questionnaire may have do you smoke , your friends have no patient and smoking related diseases ; in AIDS related litigation, there may be how do you see this problem on the questionnaire on homosexuality. The questionnaire will also cover the question of the relationship between candidates and lawyers in the case, such as whether or not to know which lawyer, whom to counsel, and so on. The relationship between candidates and witnesses is also an important issue to be investigated. The questionnaire will list the names of witnesses to appear in the subsequent suits. Judges and attorneys will screen candidates based on these findings.A judge may also direct a greeting to a candidate, such as asking3 / 11whether a candidate has any factors that will affect him or her and make a fair decision. The judge will remove the person who does not meet the legal requirements from the jury candidate. For example, non US citizens, criminal records, no voting rights, etc.. The candidate may also submit to the judge a reason not suitable for serving as a juror in the case, requesting not to serve as a juror, such as suffering from illness, etc.. For these reasons, the corresponding evidence is required to be proved, and may be allowed to exit after the judge’s consent. Since the jury is a duty of the citizen, the candidate shall not withdraw from the court when the judge does not agree to it. According to the survey, most Americans are reluctant to serve as jurors, and the main reasons are the delay, the impact on their work and life. Although there are subsidies as jurors, the amount is small, usually between $8 and $15. The judges reject the non qualified candidates, and the next procedure is to screen candidates from both sides of the bar.A lawyer may reject or reserve a candidate by number according to his own needs. In general cases, a lawyer may not exercise more than four or five times the veto power, but for special cases, it may be 6 or 7 times, up to 10 times, and the exercise of the veto power is decided by the judge. The composition of---------------------------------------------------------------最新资料推荐------------------------------------------------------ the jury determines the case of victory. In the case of the famous Rodney King v. Losangeles police, the trial resulted in the prosecution losing the case because of the formation of a jury in favor of the defendant. However, the principle of screening is simple and will not be favorable to candidates who reject one party. For both candidates, both lawyers must take a serious look at the candidate’s situation. Both lawyers may ask questions about the candidates and judge whether or not to exercise their veto power based on what the candidates have answered. What kind of problem a lawyer designs is a highly technical one. But lawyers should not directly ask such questions as how candidates see the case. The judge should check the questions raised by the lawyer and reject it when the question is wrong. If the veto power is used, the jury does not meet the requirements of the jury - when the 12 jurors are numbered, they are determined by the judge. After the jury has been set up, several alternate jurors are needed to prevent the accident. A juror may be replaced by an alternate juror once the jury is unable to exercise the jury’s discretio n for illness or other reasons. The jury will wear a special jury badge. State jurors have different badges, mostly round, but5 / 11with different colors, some states are yellow, and some states are red, white and two colors. Before a formal court session, the judge informs the jury in detail of the notes. Tell what can be done and what can not be done. For example: in the jury not to discuss the case with anyone (including other jurors), are not allowed to leave the court, without the consent of the use of telephone, other people and jurors illegal contact should promptly report the judge on the case, can not read newspapers without approval. In general, jurors cannot talk to judges individually. If you want to talk to the judge, you must also have a lawyer from both parties present. The judge asked the jurors to pay attention to as many as dozens of items. Each juror, after reading these documents, signs his name to indicate that he has understood the notes. The jury has a coordinating and organizer, who can also be called the head of the jury. The head of a jury is elected by all jurors. In some major criminal and civil cases, the judge can isolate the jury from the outside world so as to avoid the jury from being disturbed by the outside world. The separation of juries is rare. The segregated jury usually lives in the designated hotel and has a guard. The jury can not leave the house without the permission of the judge. During the separation, jurors could---------------------------------------------------------------最新资料推荐------------------------------------------------------ not read newspapers or watch TV so as not to be influenced by the outside world. In the case of the famous Simpson case, the jury was isolated from the outside world. Foreign trial cases are generally consecutive trials, from the court until the ruling, except the statutory rest, shall not be interrupted. In a court session, the judge keeps issuing instructions to the jury. For example: what evidence pointed out that illegal evidence is not evidence, instructed the jury in fact can not be used if the evidence, the jury accepted the evidence, the jury verdict is invalid. In order for the jury to make a fair decision, any act of bribing jurors is illegal, and jurors must comply with the relevant laws and regulations, and those who are severely punished will be subject to criminal sanctions. Court trials in the United States require cross examination, which means that judges and juries can not directly ask witnesses about the case and can only be questioned by lawyers from both parties. The lawyer’s enquiry for one of his own witnesses is called the main inquiry, and the interrogation of the other party’s witnesses is called counter questioning. The jury knows the facts of the case through questioning by both lawyers, and the judge controls the cross examination of both7 / 11lawyers. When the judge and the lawyer discuss the procedural matters in the case, the jury can not participate because the jury can not decide the procedural matters. When both witnesses appear in court, the judge may ask the jury to discuss and decide on the case. The jury formed a verdict on the plaintiff’s request and handed the jurors a vote. General civil and criminal cases require a vote of more than 9 votes. The murder is unanimous, unanimously agreed. When voting, 12 jurors are required to vote. Of course, in history there were 1 jurors absent, and 11 jurors were still valid. If a general case fails to establish the plaintiff’s claim to more than 9 votes, the jury will need to reconsider it until a majority verdict is formed. How the jury finds the facts and how to form the verdict is absolutely confidential, even when the case is decided, the jury will reveal the case and will be punished by law. In the trial of civil compensation cases, the jury can only make a ruling within the amount requested by the plaintiff, and shall not exceed the amount requested by the plaintiff. This is in the same spirit as the debate principle in the continental law system. Before the court session, the judge will notify the parties and both lawyers and the jury will announce the verdict at the next session. During the court session, the judge will---------------------------------------------------------------最新资料推荐------------------------------------------------------ ask the jury leader whether to form an opinion. In the event of a verdict, the head of the regiment will announce the award and the result of the voting. After the chief of the jury read out the verdict, the judge will also ask one of the jurors whether they agree or object. If a juror has objected at this time, and the opposition will exceed 4 votes, the award will be null and void, and the jury will reconsider. The jury system is an integral part of the American rule of law and the American litigation system, and reflects the characteristics of the American litigation system. The national participation of the jury system is the most attractive aspect of the American litigation system, which fully embodies the democratization of the rule of law in the United states. The existence of the jury system has become the basis and premise of other system with American characteristics, such as cross examination system, lawyer system, and even affected the American legal education system and method. The charm of the jury system toppled many continental law countries, and with the strong American culture, some continental law countries tried to transplant the introduction, but in the end they failed. In our country, there are a lot of people have the same jury system, for its splendor9 / 11in the. But we should note that the jury system is a product of the special history of the United States, and has a special background of general social, cultural and legal culture, especially the jury system is a very expensive system. Countries like ours are hard to enjoy, and it takes a few days to select jurors. Under the unique background of legal consciousness, the will of the jury is the will of the people, that is, God, must not question the jur y’s impartiality in the fact finding, and the jury’s decision is unquestionable. Based on our country’s legal consciousness background, I am afraid it is very difficult for society to accept. In fact, different jurors will have different verdict because of the difference of knowledge background, life background, method of cognition and racial consciousness of jurors. The jury system embodies a kind of regular game. The question of the abolition of the jury system has always been an issue that the Americans have been talking about. We must not be for the jury system face appearance and eye. As the Americans say, the jury system is at least as good as its advantages. Although the new constitution provides for the implementation of the jury system in criminal proceedings and will be implemented within the Russian Federation in 2003, it has faced many problems in the---------------------------------------------------------------最新资料推荐------------------------------------------------------ trial. Moreover, the introduction of jury system in Russia also has its special political and historical background. As the court play is the color film 12 angry men took place in a scene, the 1 angry men questioned the psychological changes observed then 11 members of the jury, which is respect for life, reflect on the bias, the justice of responsibility, 12 angry men good and great in my opinion is reflected in the pursuit of humanitarian universal values,11 / 11。

United StatesMain article: Trial by jury in the United StatesIn the United States every person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury, which arises in federal court from Article Three of the United States Constitution, which states in part, "The Trial of all Crimes...shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed." The right was expanded with the Sixth Amendment to the United States Constitution, which states in part, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed." Both provisions were made applicable to the states through the Fourteenth Amendment. Most states' constitutions also grant the right of trial by jury in lesser criminal matters, though most have abrogated that right in offenses punishable by fine only. The Supreme Court has ruled that if imprisonment is for six months or less, trial by jury is not required, meaning a state may choose whether or not to permit trial by jury in such cases.[28]Under the Federal Rules of Criminal Procedure, if the defendant is entitled to a jury trial, he may waive his right to have a jury, but both the government (prosecution) and court must consent to the waiver.In the cases Apprendi v. New Jersey, 530 U.S.466 (2000), and Blakely v. Washington, 542 U.S.296 (2004), the Supreme Court of the United States held that a criminal defendant has a right to a jury trial not only on the question of guilt or innocence, but any fact used to increase the defendant's sentence beyond the maximum otherwise allowed by statutes or sentencing guidelines. This invalidated the procedure in many states and the federal courts that allowed sentencing enhancement based on "a preponderance of evidence", where enhancement could be based on the judge's findings alone. Depending upon the state a jury must be unanimous for either a guilty or not guilty decision. A hung jury results in the defendants release, however charges against the defendant are not dropped and can be reinstated if the state so chooses.Jurors in some states are selected through voter registration and drivers' license lists. A form is sent to prospective jurors to pre-qualify them by asking the recipient to answer questions about citizenship, disabilities, ability to understand the English language, and whether they have any conditions that would excuse them from being a juror. If they are deemed qualified, a summons is issued.It has been speculated that jury trials encourage harsh punishment in the United States.[29]English common law and the United States Constitution recognize the right to a jury trial to be a fundamental civil liberty or civil right that allows the accused to choose whether to be judged by judges or a jury.In America, it is understood that Juries usually weigh the evidence and testimony to determine questions of fact, while judges usually rule on questions of law, although the dissenting justices of the Supreme Court case Sparf et al. v. U.S. 156 U.S. 51 (1895), generally considered the pivotal case concerning the rights and powers of the jury, declared: “It is our deep and settled conviction, confirmed by a re-examination of the authorities … that the jury, upon the general issue of guilty or not guilty in a criminal case, have the right, as well as the power, to decide, according to their own judgment and consciences, all questions, whether of law or of fact, involved in that issue.” Jury determination of questions of law, sometimes called jury nullification, cannot be overturned by a judge if doing so would violate legal protections against double jeopardy.[30] Although a judge can throw out a guilty verdict if it was not supported by the evidence, a jurist has no authority to override a verdict that favors a defendant.[31]It was established in Bushel's Case that a judge cannot order the jury to convict, no matter how strong the evidence is. In civil cases, a special verdict can be given, but in criminal cases, a general verdict is rendered, because requiring a special verdict could apply judicial pressure to the jury, and because of the jury's historic function of tempering rules of law by common sense brought to bear upon the facts of a specific case. For this reason, Justice Black and Justice Douglas indicated their disapproval of special interrogatories even in civil cases.[32]There has been much debate about the advantages and disadvantages of the jury system, the competence or lack thereof of jurors as fact-finders, and the uniformity or capriciousness of the justice they administer.[33] The jury has been described as "an exciting and gallant experiment in the conduct of serious human affairs."[34]As fact-finders, juries are expected to fulfill the role of lie detector.[35]However, not all cases are eligible for jury trials. In most US states, there is no right to a jury trial in family law actions not involving a termination of parental rights, such as divorce and custody modifications.[36][37] Only eleven states allow juries in any aspect of divorce litigation (Colorado, Georgia, Illinois, Louisiana, Maine, Nevada, New York, North Carolina, Tennessee, Texas and Wisconsin).[36]Mostof these limit the right to a jury to try issues regarding grounds or entitlement for divorce only. Texas provides jury trial rights most broadly, including even the right to a jury trial on questions regarding child custody.[36][37]But those who charged with a criminal offense, breach of contract or federal offence have a Constitutional right to a trial by jury.[36]。