Cons of Capital Punishment

  • If we execute a person, what is the difference between us and the criminal who has committed the horrifying crime of killing another individual.
  • Capital punishment is not always just and appropriate. Usually, it has been seen that poor people have to succumb to death penalty as they cannot afford good lawyers to defend their stance. There are very rare cases of rich people being pronounced capital punishment. Also, an individual from minority communities are more likely to be given death penalty.
  • Every human being is entitled to receive a second chance in life. Putting a convict behind bars is always a logical option than killing him, as there is a chance that he may improve. People who have served life sentences are reported to have bettered their earlier ways of living and have made worthwhile contribution to the society.
  • There is also a chance that an individual is innocent and is wrongly charged for a crime he has never committed. There have been cases where individuals were released after being given death sentence, because they were proved innocent. There are also cases where a person's innocence was proved after he was put to death. Hence, it is best to avoid executing a person.
  • It is reported that there is no relation between capital punishment and crime rate i.e giving death penalty does not decrease crime rate in the society. Crimes are prevalent in countries where capital punishment exists and also where it has been abolished.

The question whether capital punishment is a moral or an immoral act in a cultured society, does not have a definite answer. Whether to give capital punishment to a criminal or not, may depend on his previous criminal records and the seriousness of the crime he has committed. But, do we really have the right to take the life of our fellow human beings?

 

27. Суд присяжних. Вибори присяжних. Вимоги до присяжних.

The first step in the selection of the trial jury is the selection of a 'jury panel'. When you are selected for a jury panel you will be directed to report, along with other panel members, to a courtroom in which a case is to be heard once a jury is selected. The judge assigned to thatcase will tell you about the case and will introduce the lawyers and the people involved in thecase. You will also take an oath, by which you promise to answer all questions truthfully. Following this explanation of the case and the taking of the oath,the judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in it, or any feelings that might make it hard for you to be impartial. This process of questioning is called Voir Dire, a phrase meaning "to speak the truth".

Many of the questions the judge and lawyers ask you during Voir Dire may seem very personal to you, but you should answer them completely and honestly. Remember that the lawyers are not trying to embarrass you, but are trying to make sure that members of the jury do not have opinions or past experienceswhich might prevent them from making an impartial decision.

During Voir Dire the lawyers may ask the judge to excuse you or another member of the panel from sitting on the juryfor this particular case. This is called challenging a juror.There are two types of challenges. The first is called a challenge for cause, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial. For example, the case may involve the theft of a car. If one of the jurors has had a car stolen and still feels angry or upset about it, the lawyer for the person accused of the theft could ask that the juror be excused for that reason. There is no limit on the number of the panel members that the lawyers may have excused for cause.

The second type of challenge is called a peremptory challenge, which means that the lawyer does not have to state a reason for asking that the juror be excused. Like challenges for cause, peremptory challenges are designed to allow lawyers to do their best to assure that their clients will have a fair trial.Unlike challenges for cause, however, the number of peremptory challenges is limited.

Please try not to take offenceif you are excused from serving on a particular jury. The lawyer who challenges you is not suggesting that you lack ability or honesty, merely that there is some doubt about your impartiality because of the circumstances of the particular case and your past experiences. If you are excused, you will either return to the juror waiting areaand wait to be called for another panel or will be excused from service, depending on the local procedures in the county in which you live.

Those jurors who have not been challenged become the jury for thecase. Depending on the kind of case, there will be either six or twelve jurors. The judge may also allow selection of one or more alternate jurors, who will serve if one of the jurors is unable to do so because of illness or some other reason.

 

Вимоги до присяжних

Your name was selected at random from voter registration records and placed on a list of potential jurors. Next, your answers to the Questionnaire for Jurors were evaluated to make sure that you were eligible for jury service and were not exempt from service. To be eligible, you must be over 18 years of age, a citizen of the United States, a resident of the county in which you are to serve as a juror, able to communicate in the English language and if you have been convicted of a felony, you must have had your civil rights restored. People who meet these requirements may be excused from jury service if they have illnesses that would interfere with their ability to do a good job, would suffer great hardship if required to serve, or are unable to serve for some other reason.

You are here because you were found to be eligible for jury duty and were able to serve. You are now part of the “jury pool”, the group of people from which trial juries are chosen.

 

28 Судовий процес. Порядок ведення судового засідання.

 

STEPS OF THE TRIAL.

 

Events in a trial usually happen in a particular order, though (хоча) the order may be changed by the judge. The usual order of events is set out below.