"When judgments become very media the judge is empowered to set him apart to the jury"
Jeffrey A. Apperson
Administrators President
Federal Courts Administrator of the Federal Court for the Western District of Kentucky
The system of trial by jury is a figure but is enshrined in our constitution, even a short time ago was unthinkable However immediate application.The that image often seen in foreign films, especially American films, is starting to become reality for our country también.En this sense the system has been implemented in the province of Cordoba, but has some differences with the U.S., where two systems coexist, one belongs to the old law, under which only at the request of either party joins a panel of three judges and two citizens, in that each has one vote. Instead, the new law establishes the creation of a jury composed of eight people and have a collective vote to declare the guilt or innocence of the accused in cases of heinous crimes such as rape, rape followed by death and corruption offenses against the Estado.Existe also a project waiting to be approved by the Senate of the Nation, which resembles a little more to the U.S. system, and that the jury would consist of 12 elected members of the electoral roll, plus 6 alternates, which would be implemented gradually and after enactment of the Act provides for a year to its regulation. While the implementation of this scheme is provided in the Constitution since 1853, could never advance the adoption of a regulatory law because of the controversy that existed between the different blocks in the majority and still noticed when he should be treated in Constitutional Affairs Committee of the House alta.Por these reasons and following the visit of President of Trustees of the Federal Court Western District of Kentucky, Jeffrey A. Apperson, in our country, Diariojudicial.com spoke with him on the subject in order to internalize the functioning of juries in the country of norte.Apperson has traveled the world instructing various countries regarding the form in which it performs selection and gives precise instructions to the judges so that they, in turn, instruct juries to reach his tarea.Como Apperson recognizes there is a long way to go for deployment in our legal system because "in my country This system works for many years and has been polished by time "and" can not pretend that work perfectly as soon as you start. "
DiarioJudicial.Com: What are the outstanding characteristics that have the system of trial by jury in the U.S.? Jeffrey A.
Apperson: The first is to form a panel of jurors, a panel composed of a fair cross section of the community, thus reaching a fair decision without any prejudice. That's what the law requires. To get to that instance it takes time and we have to follow the requirements of the law to detail to ensure that the process is fair. The other point I consider important is the possibility for lawyers, in the sense that they receive the same amount of funds from both the defense and prosecutors, so they can prepare for trial by jury in the same way in the search for truth.
Does it really matter?
Yes, in the United States is given. The federal system in general is quite fair.
The system of trial by jury "always work as we know it today?
is in force since the beginning of our constitution, since 1789, but the system of trial by jury did not include the entire population. Until the enactment of the Civil Rights Act of representativeness of the jury was only for white men, white men. Representativeness is now universal.
Is it uniform implementation in all states?
At the system level Federal yeah. The laws that prevail are nearly equal, there are methods that may be different in the management and administration of the jury, but they are not salient differences. U.S. really tenes state or provincial courts as there are in Argentina, and in the provinces or states there are more differences.
What type of cases covered by the trial by jury?
In almost all civil and criminal cases. There are some civil cases that require the search for the facts and the judge can reach a verdict through the proceedings or a hearing without the presence of the jury. Also, the defendant may waive the right to have to go to trial by jury, but never happened to me a defendant waives that right. In civil cases, mostly because of any common law, torts, damages, or if they involve property rights, because the constitution protects much the take over the property.
Do judges have an exclusive dedication to a cause? Overall
not chairing different judgments, but continue to manage the causes until it reaches trial. That is, once you initiate the claim has to go to trial in six months or more and the judge will have a series of preparatory hearings of the trial. However, most cases do not go to trial, only 5% of cases proceed to trial because the rest come to an agreement. But that agreement is an admission of guilt suspended sentence where the defendant believes that he will reduce the sentence and would prefer not to gamble on the verdict may be innocent. In our system the quality of counsel is fundamental.
"The advocate is trained to perform in front of juries?
Yes, they are trained. The law school is obviously part of the formation of a lawyer, but I think that once you choose the profession and to be dedicated to the public defender, most lawyers in my country are engaged in public advocacy, , then it is the government doing the training, there are also training for defense lawyers outside the government. For example, just changed the guidelines for making decisions and this has given the Supreme Court. And we had to provide training to defense attorneys about the causes involved. What criticisms made
lawyers in the system?
Well, I have not received much criticism. Obviously, often disagree with the verdict that is reached but also respect him, then I think obviously there will be instances where the defendant may argue that they did not have a good quality of legal representation during the trial, and this sometimes arises level of appeal. Ever After interviewed trial jurors and asked the public about the system, and the approval rate is very high. Generally speaking lawyers do not criticize us. But if you asked the prosecution lawyers, no. For me it works very well, but we need more time. Actually I think that everyone understands the role of a juror in a democratic society and it is the duty of them as citizens, as the duty to vote.
How is the selection of juries?
As a first measure, each judge must examine the number of jurors required in a year, and based on that number are needed for example, a thousand people. Then take the district electoral roll for the jurisdiction of that court and through a computer draw lots of those thousand people. Then, those people selected the judge should remove those that are in a situation of exclusion, which are for example people with criminal records. Once refined that list, in the first trial is necessary, the judge enters the list on the computer, which turns to make a drawing that will extract 40. These people are referred to the court by letter. Then comes the turn of the intervention of lawyers, both sides of the dispute have the opportunity to exclude jurors and accept that they believe better or worse for the type of trial will be followed. Finally, they should be holding 12 people as jurors and 3 alternates. The chairman of each jury is chosen by them during the first hearing.
If a juror is challenged by a lawyer, but required by another "how to solve this?
The issue is that once objected to a jury by a lawyer is automatically excluded as such. Unless the objection to the jury is based on grounds forbidden by the constitution, as it could be due to exclusion of that person's race. In that case the other attorney will ask the judge at that time and this will decide whether or not due to a ground closed, and if so, The jury will be included.
What standard is required to integrate a jury?
is marked by law. Is required to read and write, have secondary education, no criminal record or a relative, friend or foe of the person to judge, among others. How
protects jurors from being influenced by the media?
After selecting the final jury the judge must give precise explanations, which have already been written in hand by the court administrator for the judges, and through them instructs the jurors what their function. That also explains the inability to read, during the processing of view, any newspaper or media outlet where they can get out news about it. Also, we are forbidden to comment on the details of the trial with anyone. That's
respected? Yes
is respected because it is rooted in people's minds. In addition, because everybody knows that also could touch them be on the other side being accused, and therefore also respect him. Also when trials become very media the judge is empowered to set him apart to the jury. Then all the jury is taken to a special enclosure where it loses communication with the outside.
How much is paid to a jury?
receive monetary compensation because as they are required to attend the hearings can not go to their jobs. They are paid U $ S 40 per day.
How does the implementation of the system of trial by jury in our country?
I think it's possible but it is a different legal system should do very well as be its implementation. However, can not forget that in my country the system operates for many years and has been polished by time. Probably the same happens here, can not claim that work perfectly as soon as it starts.
The system of trial by jury is a figure but is enshrined in our constitution, even a short time ago was unthinkable However immediate application.The that image often seen in foreign films, especially American films, is starting to become reality for our country también.En this sense the system has been implemented in the province of Cordoba, but has some differences with the U.S., where two systems coexist, one belongs to the old law, under which only at the request of either party joins a panel of three judges and two citizens, in that each has one vote. Instead, the new law establishes the creation of a jury composed of eight people and have a collective vote to declare the guilt or innocence of the accused in cases of heinous crimes such as rape, rape followed by death and corruption offenses against the Estado.Existe also a project waiting to be approved by the Senate of the Nation, which resembles a little more to the U.S. system, and that the jury would consist of 12 elected members of the electoral roll, plus 6 alternates, which would be implemented gradually and after enactment of the Act provides for a year to its regulation. While the implementation of this scheme is provided in the Constitution since 1853, could never advance the adoption of a regulatory law because of the controversy that existed between the different blocks in the majority and still noticed when he should be treated in Constitutional Affairs Committee of the House alta.Por these reasons and following the visit of President of Trustees of the Federal Court Western District of Kentucky, Jeffrey A. Apperson, in our country, Diariojudicial.com spoke with him on the subject in order to internalize the functioning of juries in the country of norte.Apperson has traveled the world instructing various countries regarding the form in which it performs selection and gives precise instructions to the judges so that they, in turn, instruct juries to reach his tarea.Como Apperson recognizes there is a long way to go for deployment in our legal system because "in my country This system works for many years and has been polished by time "and" can not pretend that work perfectly as soon as you start. "
DiarioJudicial.Com: What are the outstanding characteristics that have the system of trial by jury in the U.S.? Jeffrey A.
Apperson: The first is to form a panel of jurors, a panel composed of a fair cross section of the community, thus reaching a fair decision without any prejudice. That's what the law requires. To get to that instance it takes time and we have to follow the requirements of the law to detail to ensure that the process is fair. The other point I consider important is the possibility for lawyers, in the sense that they receive the same amount of funds from both the defense and prosecutors, so they can prepare for trial by jury in the same way in the search for truth.
Does it really matter?
Yes, in the United States is given. The federal system in general is quite fair.
The system of trial by jury "always work as we know it today?
is in force since the beginning of our constitution, since 1789, but the system of trial by jury did not include the entire population. Until the enactment of the Civil Rights Act of representativeness of the jury was only for white men, white men. Representativeness is now universal.
Is it uniform implementation in all states?
At the system level Federal yeah. The laws that prevail are nearly equal, there are methods that may be different in the management and administration of the jury, but they are not salient differences. U.S. really tenes state or provincial courts as there are in Argentina, and in the provinces or states there are more differences.
What type of cases covered by the trial by jury?
In almost all civil and criminal cases. There are some civil cases that require the search for the facts and the judge can reach a verdict through the proceedings or a hearing without the presence of the jury. Also, the defendant may waive the right to have to go to trial by jury, but never happened to me a defendant waives that right. In civil cases, mostly because of any common law, torts, damages, or if they involve property rights, because the constitution protects much the take over the property.
Do judges have an exclusive dedication to a cause? Overall
not chairing different judgments, but continue to manage the causes until it reaches trial. That is, once you initiate the claim has to go to trial in six months or more and the judge will have a series of preparatory hearings of the trial. However, most cases do not go to trial, only 5% of cases proceed to trial because the rest come to an agreement. But that agreement is an admission of guilt suspended sentence where the defendant believes that he will reduce the sentence and would prefer not to gamble on the verdict may be innocent. In our system the quality of counsel is fundamental.
"The advocate is trained to perform in front of juries?
Yes, they are trained. The law school is obviously part of the formation of a lawyer, but I think that once you choose the profession and to be dedicated to the public defender, most lawyers in my country are engaged in public advocacy, , then it is the government doing the training, there are also training for defense lawyers outside the government. For example, just changed the guidelines for making decisions and this has given the Supreme Court. And we had to provide training to defense attorneys about the causes involved. What criticisms made
lawyers in the system?
Well, I have not received much criticism. Obviously, often disagree with the verdict that is reached but also respect him, then I think obviously there will be instances where the defendant may argue that they did not have a good quality of legal representation during the trial, and this sometimes arises level of appeal. Ever After interviewed trial jurors and asked the public about the system, and the approval rate is very high. Generally speaking lawyers do not criticize us. But if you asked the prosecution lawyers, no. For me it works very well, but we need more time. Actually I think that everyone understands the role of a juror in a democratic society and it is the duty of them as citizens, as the duty to vote.
How is the selection of juries?
As a first measure, each judge must examine the number of jurors required in a year, and based on that number are needed for example, a thousand people. Then take the district electoral roll for the jurisdiction of that court and through a computer draw lots of those thousand people. Then, those people selected the judge should remove those that are in a situation of exclusion, which are for example people with criminal records. Once refined that list, in the first trial is necessary, the judge enters the list on the computer, which turns to make a drawing that will extract 40. These people are referred to the court by letter. Then comes the turn of the intervention of lawyers, both sides of the dispute have the opportunity to exclude jurors and accept that they believe better or worse for the type of trial will be followed. Finally, they should be holding 12 people as jurors and 3 alternates. The chairman of each jury is chosen by them during the first hearing.
If a juror is challenged by a lawyer, but required by another "how to solve this?
The issue is that once objected to a jury by a lawyer is automatically excluded as such. Unless the objection to the jury is based on grounds forbidden by the constitution, as it could be due to exclusion of that person's race. In that case the other attorney will ask the judge at that time and this will decide whether or not due to a ground closed, and if so, The jury will be included.
What standard is required to integrate a jury?
is marked by law. Is required to read and write, have secondary education, no criminal record or a relative, friend or foe of the person to judge, among others. How
protects jurors from being influenced by the media?
After selecting the final jury the judge must give precise explanations, which have already been written in hand by the court administrator for the judges, and through them instructs the jurors what their function. That also explains the inability to read, during the processing of view, any newspaper or media outlet where they can get out news about it. Also, we are forbidden to comment on the details of the trial with anyone. That's
respected? Yes
is respected because it is rooted in people's minds. In addition, because everybody knows that also could touch them be on the other side being accused, and therefore also respect him. Also when trials become very media the judge is empowered to set him apart to the jury. Then all the jury is taken to a special enclosure where it loses communication with the outside.
How much is paid to a jury?
receive monetary compensation because as they are required to attend the hearings can not go to their jobs. They are paid U $ S 40 per day.
How does the implementation of the system of trial by jury in our country?
I think it's possible but it is a different legal system should do very well as be its implementation. However, can not forget that in my country the system operates for many years and has been polished by time. Probably the same happens here, can not claim that work perfectly as soon as it starts.
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