American Legal System and Trial by Jury　[www.dffy.com]

　　Requirements of juror: 18 years old
　　Registered to vote
　　No criminal record

　　Jury selection:
　　- notices mailed out to potential jurors (notices are sent to people chosen at random from the voter registration forms). Notice demands that the person appear before the court for an interview (for example 200 people may show up to be interviewed for the jury). Appearance before the court is mandatory (punishable by law). Lawyers then question the jurors to discover any possible biases (relationship with anyone involved in the case). If bias is discovered the lawyers will exercise right to exclude that person from the jury.
　　- Finally, the jury is selected with a number of alternate jurors who will be used if a juror is unable to continue his duties.
　　- Jurors receive compensation of $25/day plus housing and meals.
　　- No knowledge required to be jury

　　Criminal versus Civil courts differ only in procedure.

　　If a defendant cannot afford an attorney the court will appoint an attorney to defend him. If the defendant has money/assets above the poverty limits ($2000/month), he must pay for his own attorney.

　　Constitutional system: Judicial/Executive/Legislative
　　Judge = Judicial (interpret law)
　　Police = Exucutive (enforce law)
　　Congress = Legislative (make the law)
　　Judge has the power to request an investigation of the police in a case. Any lawful order issued by a judge must be enforced by the police (also, police must request permission from a judge to search a suspect’s property). If police don’t enforce a judge’s order, police may be guilty of a crime. Police obtain warrant by providing the judge with “probable cause.”

　　Administrative Authority vs. Judicial Authority: Judicial authority is higher

　　American law is based on British Commonlaw

　　Chinese Law is similar to French/Continental system of justice

　　It is illegal for a judge to discuss a case with other people (also: lawyers, jurors).

　　Perjury: lying in court

　　Judges rules based on evidence provided in court. Judge cannot base his judgment on his feelings. If the defendant thinks the judge used his own feelings to make a judgment they can appeal the case to the appellate court who will review the decision and decide whether or not it deserves another trial.

　　（记录人：Nathan Simmons）
　　 Olof Johannsen法官与本站副站长李富成

　　查看Olof的其他文章　本文关键词：陪审员

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