Why in the USA a bunch of random people (jury) decide the fate of other people and not the actual judge?

641 views

I’ve always been confused by this.

​

Why would you want a bunch of randoms to decide your fate, and not the actual judge with a law degree and years of experience?

Why do those people have more power than the judge? They can decide anything they want and the judge is basically just the guy who signs and does the paperwork.

In: 2634

24 Answers

Anonymous 0 Comments

The judge isn’t powerless. The judge is the one who determines matters of law (what evidence can be allowed in, what arguments can be made, etc). The jury determines matters of fact (is a witness reliable, has the prosecution proven all of the elements required for the crime, etc).

The idea of juries is that historically judges weren’t independent from the king (originally it was a job for the king himself), so it was better to have twelve people who are more like you and not beholden to anyone for their appointment to make the final decision about guilt or innocence.

The jury system also creates a potential for jury nullification. If the jury finds the law itself to be unjust, they can refuse to convict even if the evidence for the crime is overwhelming. This provides another check on the power of the state.

You are viewing 1 out of 24 answers, click here to view all answers.