The
Murder Simulation
The Jury
Murder!
The Verdict
The Sentence
History
A jury is a group of laymen that decides factual issues in criminal and civil cases. Its origins are uncertain but it is believed to have developed in England sometime after the Norman Conquest in 1066. By the 15th century, non-rational modes of trial (such as trial by ordeal in which the defendant's innocence or guilt was determined by his ability or inability to endure torture) were replaced by jury trial.
The jury in non-Anglo-American countries became far less common in the 19th and early 20th centuries and today it is predominantly an Anglo-American institution, with over 90% of all jury trials occurring in the United States.
Jury Service and Selection
A jury normally consists of twelve people chosen randomly from a cross-section of the community. Most juries exclude policemen, lawyers, doctors and so on, but most everyone else can be found on a jury: laborers, managers, housewives, unemployed etc. The court will summons the person for "Jury Service" to serve on a jury and unless you have a good reason not to you must serve. Your employer must make allowances for your absence and give you full pay for the period you are away. Sometimes a trial may take months to complete.
The defence and prosecuting lawyers have the right to "screen" the jury before the trial. That is, they can ask each individual jury members questions and if they don't think they are suitable for the case they can ask for the particular person to be replaced by another person. In an important trial (e.g. the Rodney King case) this can take days to complete.
YOU HAVE BEEN SELECTED FOR JURY SERVICE- congratulations!
Size and Unanimity
Traditionally, the jury had 12 members and was required to reach its decision with unanimity. Over the years, some modifications have been made. Some courts allow a jury of 6 in minor cases. Oregon allows 10:2 verdicts in all criminal cases, except capital ones. When the jurors cannot decide on a verdict ( termed a Hung jury), the judge declares a mistrial which means a new trial must take place with a new jury.
The Controversy over the Jury
The jury has many merits and demerits and these have been the subject of great debate over the centuries. There is the issue of the jury's competence. It is argued that the judge by training, discipline, experience and superior intelligence, is better able to understand law and facts than jurors who have been selected from a broad range of levels of intelligence, without experience. But it is also argued that 12 heads are better than one , that the jury as a group has wisdom and strength beyond that of an individual member, that it makes up in common sense what it lacks in training, and that its inexperience is an asset because it gives a fresh perception of each trial, avoiding the stereotypes that may infect the judicial eye.
Victim:
A murder has been committed. A man is dead: a suspect has been arrested. You are a member of a jury that has to determine the facts of the case. There are a number of people that you have to interview. During the questioning, keep an open mind. Don't decide whether the suspect is guilty or not. Just listen to the facts. Make sure you get all the facts you think are necessary since you won't have a chance to interview the people again.
Witnesses
There were several witnesses to the crime. You have to question them to find out the facts. Before you question them they must be "Sworn In". This means they pledge to tell the truth. They must put their left hand on the bible, hold up their right hand with the palm facing outward and say the following words exactly:
"I promise to tell the truth, the whole truth, and nothing but the truth, so help me God"
After being sworn in you can ask them questions. However, you should only ask questions that elicit facts. You cannot say, for instance, "Do you think the suspect intended to kill the victim?" since this is asking the witness's opinion. The witness is not required to give opinions.
Also don't ask leading questions such as, "The suspect used his right hand, didn't he?" since this is leading the witness to give the answer you want. Rather you should ask, "Which hand did the suspect use?".
Suspect:
Male, Caucasian, Weight: 170lbs
Single, Mental State: Stable,
In Western courts of law the suspect is INNOCENT UNTIL PROVEN GUILTY. This is an important adage since it puts the onus onto the court to prove the suspect is guilty.
The suspect must be sworn in before he answers questions. When you ask question you can be more direct than with the witnesses. For example you can ask "Did you intend to kill the victim?", "Do you hate the victim?". However, you should always remember he is innocent until proven guilty.
Pathologist: Dr Cutand Slash
The pathologist is a medical doctor who inspects corpses to find out the cause of death. This information will be very important to you when you decide on your verdict. When you ask the pathologist questions you can ask questions such as "As an expert, do you think the force used to kill the victim suggest the suspect intended to kill the victim?". However, remember the pathologist was not at the scene of the crime and cannot not give concrete details about what actually happened.
Forensic Expert:
The forensic expert searches the scene of the crime looking for evidence to help us understand how the crime was committed. This evidence will help you to come to a conclusion. There are three main pieces of evidence in this crime:
EXHIBIT #1. A paper cutting knife found at the scene of the crime. Fingerprints on the knife handle were a definite match to those of the suspect's.
EXHIBIT #2. A 1.5 inch tip paper cutting knife found impaled in the victim's Aorta. The blow caused a bruise and two cracked ribs on the victim from the hand holding the knife.
EXHIBIT #3. A crumpled up note was found in the defendant's waste paper basket in his hand writing which said the following: "I'm going to kill that SOB one of these days". Handwriting analysis has confirmed the writing on the note to also be a definite match to that of the suspect. (Note: The suspect uses his right hand to write)
THE JUDGE HAS INSTRUCTED YOU TO REACH A UNANIMOUS VERDICT BY :_______
You have the facts of the case. It is now your duty to use the facts to reach a verdict. Remember the advantages of a jury:
"...the jury as a group has wisdom and strength beyond that of an individual member, that it makes up in common sense what it lacks in training, and that its inexperience is an asset because it gives a fresh perception of each trial..."
You should discuss the facts in detail allowing each member to give his opinion. All opinions should be supported with evidence. Do not try threaten, bully or cajole any member of the jury into supporting your opinion. Rather use logic and reason to allow him to reach his own opinion.
There are several possible verdicts that you can reach: (Note: when considering a murder case, you must understand the concepts of premeditation and intention.)
- Guilty of 1st DEGREE MURDER: This means you think the suspect premeditated (deliberately planned) the murder beforehand.
- Guilty of 2nd DEGREE MURDER: This means the suspect did not premeditate the murder. But he intended to kill the victim at the time of the incident.
- Guilty of MANSLAUGHTER: This means you think the suspect killed the victim in order to defend himself or accidentally. There was no intention.
- Guilty of another crime such as grievous bodily harm (GBH) or carrying a dangerous weapon etc.
- NOT GUILTY: The suspect committed no crime.
This is a serious crime. You may be sending a man to the gallows. Don't make a decision lightly
A sentence is punishment you give to a guilty man. Normally the judge will do this, but in this case you have been given the authority to pass sentence. If you found the suspect guilty, then it is your duty to pass an appropriate sentence. You need to consider several factors:
- Your verdict. If your verdict was 1st degree murder then this should carry a more severe punishment than 2nd degree murder and so on.
- Intention and Premeditation. How much intent was there in the criminal's mind at the time of the crime? How premeditated was the crime?
- The criminal's past record. Does he have a history of crime or is this his first offence?
- The criminal's personality.
- Mitigating Circumstances:
The possible sentences are:
* CAPITAL PUNISHMENT: The judge has stated that capital punishment can be used only in the case of 1st degree murder. If you choose capital punishment you need to choose the form of death: Electric Chair, Hanging, Cyanide Pill. Cruel forms of punishment are unconstitutional.
* LIFE IMPRISONMENT: This means until the man dies.
* LIFE IMPRISONMENT with PAROLE: This means life imprisonment but with the possibility of parole (i.e. release from prison for good behavior). You need to specify the minimum time in prison.
* FIXED PERIOD IN PRISON: You need to specify the number of years. In practice, with good behavior, the prisoner will be released early.
* A FINE
* COMMUNITY SERVICE: For small crimes, the criminal can be required to do a number of hours helping the community, e.g. shopping for old people, picking up litter.
Jury 1.... Jury 2.... Jury 3
Foreman
Unanimous? (Yes/No)
Verdict
Sentence