Wednesday, February 19, 2020

Why Trial by Jury Should Be Retained Essay Example | Topics and Well Written Essays - 1500 words

Why Trial by Jury Should Be Retained - Essay Example It is though this confidence that citizens appreciate the independence and the important role played by the judicial system. Trial through a jury has been a long tradition in the justice system that it is considered as unique approach in the justice system in that it requires the use of ordinary citizens without prior legal training to hear evidence in a court of law, make sense of the conflicting facts and the application of legal rules to reach a final verdict about which all or the majority of jurors can agree. Thousands of cases are heard and determined by juries annually and prediction regarding the potential verdicts has a large influence on the decisions required to settle civil lawsuits and in offering and accepting plea bargains in most criminal cases. Jury trials have therefore an important role to play in the law. It is through these juries that psychologists can better perceive how individuals perceive, interpret and remember evidence and the various ways in which the jur or members can establish consensus with one another. Largely, the use of these juries in trials is mainly observed as giving the public the power and entrusting them to govern themselves in that the members are just ordinary public with no prior training in law. Most western countries through this have undertaken to use juries in both criminal and civil cases. Does it mean that judges are not entrusted to pass out credible verdicts? Not really. Jurors are just intended to ensure that the trial has the view and acceptance of the ordinary man. ii. Facts and statistics on juries In 2005, about 16,397 tort cases were disposed by jury or bench with the jury hearing 90% of these cases. 80% of all jury trails globally takes place in the US 70% of Japanese citizens reluctant to serve in the jury In 2009, there were six verdicts over $1,000,000 in the US in medical malpractices with largest being at $23.6 million settled after trail (Day, 2010). iii. Objectives of the review This review has several objectives which are; Evaluating the importance of a jury Understanding how a jury operates Recommending the retention of juries in corridors of justice. iv. How jurors operate. Jurors in most cases do a good job in weighing the evidence provided and applying the law in passing out the verdict of an accused (Greene & Bornstein, 2000). Usually, where jurors are considered to have erred, there is evidence that the errors reflect well documented and universal psychological principles that may include heuristic reasoning and attribution errors (Greene & Bornstein, 2011). This may aid in watering down the numerous criticism along with extensive media coverage that portray sensitive cases that have been used to portray the jury as being incompetent and resulting to wrong judgments especially in criminal cases. These errors occurring within the acceptable and recognized psychological principles explain the overall usefulness of these juries in civil and criminal cases and further e xplain that there is an importance of retaining them in the corridors of justice. The lack of fairness in the court system may be attributed to: System not offering required protection to citizens form harm by bringing offenders to the required justice Proceedings in the court system being lengthy Outcome of sentences portraying a disconnection between the crime committed and the senesce handed to offenders (Falconer, 2006) Juries in most cases ensure that judges entrust fairness and preserve the issue of subjective decision making in convicting persons in a court of law (Lea, 2006). The role of jury is to weigh the evidence this is presented in court, apply the law as directed by the trial judge regarding the

Tuesday, February 4, 2020

Critically discuss with reference to the car industry e.g (Toyota), Essay

Critically discuss with reference to the car industry e.g (Toyota), the Japanese Lean production revolution - Essay Example The meiji restoration transformed the Japanese empire into an industrial world power. With new found pride in their country, and their culture, the Japanese flexed their muscles overseas. After the first Sino-Japanese War (1894-95), and the Russo-Japanese War (1904-05), Japan conquered a part of China, some parts of Russia, Taiwan and Korea. These territorial conquests provided Japan with valuable raw material and cheap labor for industries back home. In turn , these occupied territories were fertile markets for Japanese products. The relentless hunger for territorial expansion found expression in Japan's annexing of Manchuria in 1931. In 1937, Japan occupied more territories in China by waging a war on that country for the second time ( Second Sino-Japanese War, 1937-45). All these aggressive expansionist plans brought Japan in direct conflict with the U.S and its allies. Japan joined the Axis powers- Germany and Italy, in 1941.The same year, Japan declared war on the U.S. The war with Japan ended after the atomic bombing of Hiroshima and Nagasaki in 1945. Between 1945 and 1952, post-war Japan was administered by the U.S government .To help Japan stand on its own feet, American financial and technical aid were provided to Japanese business and industry. As part of the technical assistance , the U.S government brought in industrial and managerial experts from the U.S, to train Japanese companies on modern management and production methods. One of the most definitive techniques that influenced Japanese manufacturing, and made Japan the powerhouse that it is today , was the 'Training Within Industry', concept. Training within industry (TWI) service, was a creation of the U.S Department of War, to meet wartime needs. During war, manpower was required by the armed forces to fight the enemy. At the same time, industry which provided key material and equipment to the defense forces, faced a shortage of hands to finish production. Therefore, to optimize the productivity of U.S workforce, a program for training supervisors and workers in indus trial establishments was devised. The training was to be done by experts drawn from universities and businesses. The aim of this program was to improve productivity and quality. The basic concept of the training consisted of the following sequences: a. study and understand the process b. break up the process into its sub-components. c. Educate the supervisor and the worker on the process and its sub-components. d. Train the supervisor and the worker to work efficiently and without wastage. e. Train the worker to evaluate the end result and suggest corrective steps. f. Training the supervisor to deal with workers effectively and fairly. g. Training managements to develop newer and better training programs. The essential elements of the TWI program were similar to the principles laid down by Frederick w.Taylor (1856-1915), father of scientific management. In his book, 'The principles of scientific management (1911), Taylor proposed the following: a. replace rule of thumb work methods with methods based on scientific study of the task. b. Scientifically select , train, and develop each employee rather than passively leaving them to train themselves. c. Divide work equally between managers and workers so that