What happened to trial by jury? - Suja A. Thomas

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  • Опубликовано: 1 мар 2017
  • View full lesson: ed.ted.com/lessons/what-happen...
    In the United States today, juries decide less than 4% of criminal cases and less than 1% of civil cases filed in court. At the same time, jury systems in other countries are growing. So what happened in the US? And could the disappearance of juries be a good thing? Suja A. Thomas explores both sides of this dilemma.
    Lesson by Suja A. Thomas, animation by Globizco.

Комментарии • 888

  • @yourhandlehere1
    @yourhandlehere1 7 лет назад +804

    The main problem with juries is most people don't want to be jurors so they are looking for the quickest, easiest out. I got called once, I found it interesting. I studied the whole trial AND the other jurors. I said the right stuff so I didn't get dropped. Turned out to be an older couple pulling a big horse trailer were rear-ended by a semi with a sleeping driver. Fault was already set, we had to decide how much their race horses that died were worth.
    Everybody but me was ready to just give em' "glue factory" prices and get the hell out. The trucking company hired some famous Kentucky guy to come and say they weren't worth glue. I made them find out what races they've actually been in, scheduled for, potential purses, how much it costs to raise and train a race horse for however many years etc......
    They're all pissed. I just asked..."what if it was YOUR stuff and YOUR livelihood destroyed through no fault of your own?"

    • @adamkendall997
      @adamkendall997 5 лет назад +95

      Aaaaaand? You're really just going to leave us hanging?

    • @gullf1sk
      @gullf1sk 5 лет назад +8

      ruclips.net/video/21pXdfnBLmk/видео.html

    • @theodore23sanchez
      @theodore23sanchez 4 года назад +48

      What does "glue factory" as an expression mean?

    • @alwaysdisputin9930
      @alwaysdisputin9930 4 года назад +17

      @@theodore23sanchez They make horses out of glue. Hence "glue factory" prices

    • @OkonkwoPlaysBass
      @OkonkwoPlaysBass 4 года назад +58

      @@alwaysdisputin9930 other way around lol

  • @kristinabialas4405
    @kristinabialas4405 7 лет назад +138

    The fact that they didn't follow up the last question with "The jury's still out on this one" is a crime in itself

  • @vonneely1977
    @vonneely1977 7 лет назад +121

    The real problem is that "right to a speedy trial" went out the window decades ago and people know they will rot in jail for years before ever seeing a trial.

    • @catdogmousecheese
      @catdogmousecheese 2 года назад +1

      You should really watch this Pauly Shore movie called Jury Duty. It's hilarious. Lol

    • @NotSure1776
      @NotSure1776 2 года назад +3

      People are to afraid and to poor to fight the system that's been designed to suppress us and keep us down.... this is NOT what our Fore Father's had in mind!

    • @tnhl77
      @tnhl77 2 года назад +13

      not only that there is soooo many cases that it's almost impossible for a speedy trial covid did not make that any better

  • @MH55555555
    @MH55555555 7 лет назад +998

    the real question: what has happened to trial by combat?

    • @benjaminwakefield9509
      @benjaminwakefield9509 7 лет назад +76

      Along with "trial by ordeal" it was dismissed in favour of trial by jury, because people decided that God was too busy to be judging trials on earth. Both trial by combat and trial by ordeal were based on the idea that God would favour the innocent, so if you lost you must be guilty.Trial by jury gained popularity, not because it was considered fairer, but because it was considered less bothersome to God.

    • @InterDylan
      @InterDylan 7 лет назад +7

      What does god have to do all day, can't he really not do a little bit more effort.... He made a planet, i would think that juding a trial by combat is not that hard for him.

    • @soulreaperichig0
      @soulreaperichig0 7 лет назад +11

      ^Except that God doesn't exist. And a rapist can go scot-free after he murders yet another person.

    • @InterDylan
      @InterDylan 7 лет назад +6

      I just said it would take little effort for him to judge a trial of combat
      eventhough i don't believe in god, i made the comment to prove that a trial by combat doesn't take too much effort and that god could easily do that because if he can create a planet or milion of planets he can judge a couple of trials by combat and there is no reason for me bring my beliefs in to this it would be pointless information. Otherwise the comment would be: (What does god that doesn't exist have to do all day, can't he if he existed really not do a little bit more effort.... It was said that he made a planet, i would think that juding a trial by combat is not that hard for him if he existed.) This version of the comment is just alot of pointless information, you don't always have to say if you talk about god that he is fake.

    • @TheUserU2
      @TheUserU2 7 лет назад +18

      I think trial by combat was human made not god made. Why would God want his own creation to fight each other?

  • @clockworkphysicist
    @clockworkphysicist 7 лет назад +476

    But then it gets to the question of "Should the average citizen have a say in a legal case?" And I can see both sides having justified arguments.

    • @RazaPlaysGames
      @RazaPlaysGames 7 лет назад +6

      Clockwork Physicist Nothing is justified against a jury. Jury is in constitution and therefore be utilised

    • @clockworkphysicist
      @clockworkphysicist 7 лет назад +77

      RazaGaming-Destiny But there are a lot of factors which can prevent justice from being done, such as lack of civil knowledge on legal proceedings and law in general, media bias, or even emotional rulings. The will of the people is good for everyday canon and life, but when it comes to justice and fact then it's not such a good thing. And that's not even starting on the concept of Mob Mentality.

    • @graup1309
      @graup1309 7 лет назад +50

      Clockwork Physicist As someone from Germany, a country that doesn't have juries I totally agree. I mean, I think we are fine and a nonexistent jury doesn't make any mistakes. Also, letting people who don't really know anything about the law system decide over a person's future is definitely more than questionable. But still, there are many trials that would've ended more to the satisfaction of the public if a jury had been involved.
      Still: If juries are part of a countries constitution, this should be used. Something in between is not an option.

    • @jamaljohnson9734
      @jamaljohnson9734 7 лет назад +7

      Kangaroo courts can fuck over innocent people too.

    • @MasterGhostf
      @MasterGhostf 7 лет назад +21

      There is the problem where someone did something illegal but for a morally right reason. They would be charged guility but a jury could charge them innocent.

  • @twostepsfromwinterdarkwell6067
    @twostepsfromwinterdarkwell6067 7 лет назад +249

    this video makes me think of 12 angry men, one of the greatest movies ever made

    • @feynstein1004
      @feynstein1004 6 лет назад +5

      Me too :)

    • @alwaysdisputin9930
      @alwaysdisputin9930 4 года назад +5

      I also liked the movie: The Verdict

    • @Mike-lx9qn
      @Mike-lx9qn 3 года назад +10

      I didn't know my family was a movie

    • @westdakota9180
      @westdakota9180 3 года назад +1

      @@Mike-lx9qn you and your 12 dads should watch it for a movie night

    • @Mike-lx9qn
      @Mike-lx9qn 3 года назад

      @@westdakota9180
      I could say the same to you and all of your step sisters

  • @WeArePharmers
    @WeArePharmers 7 лет назад +1759

    I prefer trial by combat #WinterIsComing

    • @ingridesquilla8664
      @ingridesquilla8664 7 лет назад +7

      WeArePharmers exactly my thoughts

    • @Zipeed
      @Zipeed 7 лет назад +23

      In my college roommate agreement we agreed to trial by combat to solve any and all disputes among roommates

    • @giobugtong6293
      @giobugtong6293 7 лет назад +3

      Winter has come, my friend.

    • @FortyTwo42
      @FortyTwo42 7 лет назад +2

      I make science video check out my chan nel and give it a like !

    • @fakepro5848
      @fakepro5848 7 лет назад +2

      welp... now spring is coming! xD

  • @LucasRibeiro-po4pb
    @LucasRibeiro-po4pb 7 лет назад +265

    Juries MAY? make errors? That's an understatement. The reality is that a random average person in a group will fall prey to many cognitive bias and fallacies. As much as the idea of detachment of interests may foster a sense of blind justice, the net result is negative.

    • @the1exnay
      @the1exnay 7 лет назад +34

      that's a lot of assertions. judges are subject to those same biases, why does increasing the number of people involved not reduce the effect of biases? what would you suggest other than detachment?
      any citations you would like to share?

    • @LucasRibeiro-po4pb
      @LucasRibeiro-po4pb 7 лет назад +18

      Firaro Cognitive bias gets stronger with more people because there is also the social bias, unless you separate the juri. One person alone, given that they make an effort, has a better chance to take those bias into consideration. Also, you can't know whether those chosen will be aware of all the problems. The judge is, of course, subject to bias as is all human justice, but I would rather focus on educating individuals so that they can judge better than to select a random crowd. My point is that we are better off relying on education(doesn't mean we shouldn't criticise it or that it is perfect as of now). I have no citations I'm afraid

    • @the1exnay
      @the1exnay 7 лет назад +24

      social bias exists, yes, but if you're going with the crowd cause most of the jury believe something well... that still requires most of the jury to be of that opinion which is better than putting all your hopes on one person. or one jury member could convince them all, but that requires him to have a convincing reason or be very charismatic. if it's cause he's charismatic then at worse the jury is effectively one person, same as the judge.
      judges may be well educated yes, but the jury are likely to be informed of relevant information, and the judge is still involved able to provide his education to help. but the judge is biased, he wants reelection. and he can be bribed or threatened but it's harder to do those things to a jury as they're less publicly known and because there's more of them.
      plus if there's a 1% chance he messes up, that means 1/100 cases will suffer from that. but if there's a 5% chance eahc juror messes up, well it still requires half of them to mess up at the same time, which is less likely than that the judge will mess up
      im just unconvinced that single judges are better than multiple jurors. though i am convinced that human judgement no matter how used can have errors

    • @LucasRibeiro-po4pb
      @LucasRibeiro-po4pb 7 лет назад +9

      The chance of making good decisions isn't really directly proportional to the number of people making the decision. People aren't particularly logical, so the idea that it would be hard to convince them of something clearly wrong or that is actually uncertain is not solid; people everyday make bad group decisions. However, I do agree with you that more people can mean different points of view, some that may have gone completely unnoticed. But instead of a set of random people I defend a multitude of professional or semi-professional judges, as long as those judging have a good educational background in law. Of course, that wouldn't be so for every case, but I suppose juries aren't practical to have at every session either. With regards to the probability you used, I want to point out that when judging, it's not as simple as A and B, there are a multitude of possible decisions, so juries are even more likely to be wrong, because now you must also attend to the wrong possibilities to which a more educated judge is virtually immune. For example, imagine a set of 20 possible outcomes, one is right and that one of them has been chosen for each case of a set of 1000 hypothetical identical cases: the judge may choose between 7 of those in the overwhelming majority, but the jury, being generally less educated and experienced, will chose between 11, so that alone broadens the chance of being wrong apart from the lessened competence in judging each possible outcome you talked about.
      Kind of off-topic: The argument that the majority opinion is not correlated with well thought out and based-in-solid-knowledge opinions is along standing one against democracy, one that goes back to at least to the time of Socrates when he critiqued Greek democratic decision process(that wasn't very inclusive then, but still). And this is not a bad argument, in fact, history has backed it up time and time again. The problem is: what is the alternative? This is not really relevant to the discussion, I just thought it would be cool to make a connection.

    • @the1exnay
      @the1exnay 7 лет назад +4

      Lucas Ribeiro
      Well you are right that if you can compose the jury of better people then that improves things. But im skeptical a professional jury would truly be better less-biased people. And m skeptical of the wisdom of giving so much power to a select few, this seems like the path to semi-oligarchy. One might think meritocracy, but once those with merit take power they'll do what they can to ensure they and their friends/descendants keep it, irrelevant of merit. This is already happening in politics but more power and less checks wont help that.
      Additionally these people have agendas, they want to keep their jobs and impress their coworkers and over time might partly homogenous opinion in their field. This will affect their rulings. Random jurors still have biases and agendas but far less, these other jurors they never have to see afterwards, their jobs dont hang in the balance at all, these are likely to be people of differing perspectives
      Yeah, democracy sucks, but it sucks less than all other options. I hate giving power to idiots, but it's a requirement of democracy. Just kind of wish people would stop encouraging everyone to vote, let those who dont care and havent researched not muddy the voting out of obligation if they dont want to. Let those who care and researched be a greater percentage of the voters, just by power of self-selection.
      I hadnt known that bit about socrates, interesting

  • @BlindBloomer
    @BlindBloomer 7 лет назад +181

    Money and Bias happend and boom our legal system is shit now

    • @quantumwillow2734
      @quantumwillow2734 7 лет назад +7

      The thing is, I personally think that money is a bad way of doing things, as it causes bias and greed, but I also can't think of a single different (realistic) way of doing things.

    • @jesuschrist4315
      @jesuschrist4315 7 лет назад

      +Direwolf202 nope....democracy knows how to correct itself..

    • @TheUserU2
      @TheUserU2 7 лет назад +4

      The Soviet Union was truly a communist country. So is North Korea.

    • @ejcmoorhouse
      @ejcmoorhouse 7 лет назад +3

      But the Soviet Union wasn't a democracy and neither is North Korea. Much like the concept of trail by jury where someone must be proved guilty beyond reasonable doubt. Democracy offers the oversight and ensures laws are fair and made according to the will the people those laws affect.
      A sort of Utopian Socialism can work, but many of us are so constrained in our thinking that we can not understand that Socialism is an entirely different system to what we have at the moment. We wouldn't even use the same measures of success that we do in capitalism.

    • @JM-us3fr
      @JM-us3fr 7 лет назад +1

      Liberal Resistance Yeah that's pretty much the answer to everything

  • @paulpeterson4216
    @paulpeterson4216 7 лет назад +40

    One of the major problems is, as the video points out, that plea "bargains" create such a threat of retribution that innocent people are coerced into guilty pleas. Mainly these pleas involve paying hefty fines to avoid jail. Very profitable for the county.
    Another problem is that in many jurisdictions, judges primary goal is to extract fines for the purpose of financing the local government, and anyone with the temerity to plead innocent and cost the county, or other local government, money must be severely punished for not just paying the extortion and keeping quiet. Not all judges or courts operate like that, but far too many do. The Judges, Prosecutors and even the Public Pretenders might as well be working on commission.

    • @kevinerbs2778
      @kevinerbs2778 Год назад +1

      The main problem with the judical system is the fact they would rather up hold "the letter of the law" even if someone got saved by someone who shouldn't have been around them in the first place. "The letter of the law" has no ease, leanincy, or common sense, written to it.

    • @kevinerbs2778
      @kevinerbs2778 10 месяцев назад

      @@vander9678 I'm talking about when people are heroic or end up being a hero & because of stipulations they have on them, they still end up getting prosecuted regardless of the heroic deed done.

  • @SuicideBunny6
    @SuicideBunny6 5 лет назад +165

    "When properly selected ..." That's the reason why these trials by jury go wrong in the first place.

    • @Mi_Fa_Volare
      @Mi_Fa_Volare 3 года назад +14

      Absolutely. Relying on proper selection alone is irresponsible and a disservice to the people. Also keep in mind that deception is the lawyer's industry. So that is the other big reason why proper jury selection is meaningless.

    • @sofianemov9469
      @sofianemov9469 2 года назад +1

      Thank you! Somebody voiced my opinion!

    • @ND-we8gv
      @ND-we8gv 2 года назад

      Bro you got it dead on nice one

    • @oyeyipo
      @oyeyipo 2 года назад +1

      why not briefly give a least wrong method or system instead of merely casting criticism without construct.

    • @RNFLACKOratshobo
      @RNFLACKOratshobo Год назад +3

      @@Mi_Fa_Volare ah yes but putting the responsibility of justice in the hands of one person who is bound to show bias and partiality towards certain circumstances and variables is fair? In a democracy its the will of the people not the will of one so called "judge".

  • @hindugoat2302
    @hindugoat2302 7 лет назад +63

    plea bargaining corrupts the justice system

    • @Mi_Fa_Volare
      @Mi_Fa_Volare 3 года назад +5

      That's correct. But keep also in mind that jury court makes the justice system dysfunctional.

  • @rajattiwari6076
    @rajattiwari6076 7 лет назад +145

    everyday a new video?
    Ted ed is on fire!!

  • @msjkramey
    @msjkramey 6 лет назад +32

    Jury duty was really awesome, actually. I probably would have felt differently if it was a more heinous crime than alleged robbery. I was an alternate juror though, so I was dismissed before it came time to vote. Everyone there seemed to take it really seriously and were respectful. Sure, we're not trained lawyers or judges, but we had a great judge who was fair and explained the law very clearly to us. As a juror, you don't have to understand all of the laws--just the one or several that have been allegedly broken

  • @clarkevander
    @clarkevander 2 года назад +18

    From a country that doesn't have a jury system, this is mind-boggling to me.
    Why would someone who doesn't know the law interpret it? Krazy

    • @maciejchmielewski2293
      @maciejchmielewski2293 Год назад +1

      Jury merly decides if the defendant is guilty and what should the sentence be. There is not a lot of law interpretation to be done. There is still a judge in the trial to make sure everything is carried out according to the law.

    • @clarkevander
      @clarkevander Год назад

      @@maciejchmielewski2293 "jury merely decides if the defendant is guilty" will you please elaborate more? I'm really curious about this system

    • @maciejchmielewski2293
      @maciejchmielewski2293 Год назад

      @@clarkevander Well, as a juror, your job in a trial is to sit and listen what is happening in the court. All physical "output" you produce is basically filling a form at the end of a trial in a form of 1. Guilty? Yes/No. 2. How many years / $$$ should the fine be?

    • @maciejchmielewski2293
      @maciejchmielewski2293 Год назад

      Of course the question about being guilty is formed according to the case and can be devided into multiple sub-questions. But still - they are not "law" based, but rather a question of what your perception of the case is. Like "Do you think that the employer terminated the contract with the employee with an intended malice?"

    • @clarkevander
      @clarkevander Год назад

      @@maciejchmielewski2293 oh so it's like the jury are just the ones who determine if there is intent?

  • @EchoL0C0
    @EchoL0C0 7 лет назад +14

    The art in this episode was incredible!
    It was like watching a movie!

  • @ratbastards332
    @ratbastards332 6 лет назад +49

    You should've ended it with "the jury's still out on that one"

    • @RoyalDog214
      @RoyalDog214 6 лет назад +1

      Missed opportunities.

    • @Jordan_Dossou
      @Jordan_Dossou 5 лет назад

      What?

    • @alwaysdisputin9930
      @alwaysdisputin9930 4 года назад

      @@Jordan_Dossou "What?" I believe he's talking about esprit de l'escalier

    • @Jordan_Dossou
      @Jordan_Dossou 4 года назад

      @@alwaysdisputin9930 stairs spirit?

    • @alwaysdisputin9930
      @alwaysdisputin9930 4 года назад +1

      @@Jordan_Dossou esprit de l'escalier = "Used to refer to the fact that a witty remark or retort often comes to mind after the opportunity to make it has passed.
      ‘I am frequently afflicted with esprit de l'escalier.’
      ‘Now if I'd managed to say all that off the cuff then I would be a genius comedian, but as it was I had to make do with experiencing esprit de l'escalier on the way home.’
      Origin
      French, literally ‘wit of the staircase’ (i.e. a witty remark coming to mind on the stairs leading away from a gathering)."
      www.lexico.com/en/definition/esprit_de_l'escalier

  • @MKRP201
    @MKRP201 2 года назад +13

    Anyone here due to Depp vs. Heard?✨ #justiceforjohnny

  • @vetmar85
    @vetmar85 6 лет назад +33

    This is needed in Family Court. Especially Relocation of Children and Termination of Parental Rights!

    • @johnlocke4695
      @johnlocke4695 4 года назад +2

      Thats what this video saying. You're biased to liberal ideas. But I'm conservative. I have different ideas. So judge makes decisions. Especially in political correctness

    • @ccpoundher5268
      @ccpoundher5268 Год назад

      So how to request a trial by jury in family court

    • @ajayaacharya304
      @ajayaacharya304 Год назад +1

      @@ccpoundher5268 Unfortunately even though the constitution requires it, in most states you can’t get trial by jury in family court, except in Texas.

  • @surviverfromLOGIN
    @surviverfromLOGIN 7 лет назад +1

    Great art style and compositions. Simple and direct information. Awesome!

  • @ameyd3728
    @ameyd3728 7 лет назад +72

    What happened to Ted Ed Riddles ?
    I mean they just aren't that frequent

    • @thembones5
      @thembones5 7 лет назад +21

      AMEY :D they never really were that frequent

    • @fiercesoul3810
      @fiercesoul3810 7 лет назад +1

      AMEY :D I loved his riddles

    • @rissarae3
      @rissarae3 7 лет назад

      AMEY :D
      the guy who came up with them is in jail right now.
      Batman is such a kill joy 😒 lol

    • @fiercesoul3810
      @fiercesoul3810 7 лет назад

      rissarae3 how do you know that?

    • @rissarae3
      @rissarae3 7 лет назад +1

      LoriFluffyFluff Music
      Nah I made a joke. Riddler makes riddles. Riddler is a Batman villain, get it 😉

  • @tripleakomics4106
    @tripleakomics4106 7 лет назад +4

    the animations are simply beautiful. hats off to the animator!

  • @MJ-ns3xo
    @MJ-ns3xo 7 лет назад +1

    after years of wasting time on RUclips finally I got my channel ted ed these is the best channel on youtube

  • @bijibijmak
    @bijibijmak 7 лет назад

    Beautiful illustrations! Great job!

  • @brettkeeler8822
    @brettkeeler8822 6 лет назад +45

    I’d be more interested in seeing a study on how often juries “get it right.” Just because it has a long tradition doesn’t mean using juries is the best way to solve legal disputes.

    • @untrueman
      @untrueman Год назад +2

      Juries can't get it wrong. That's kind of the point.

    • @Aliceintraining
      @Aliceintraining Год назад +7

      jurys that "get it wrong" come down to poor lawyers. if the lawyer who was defending you fails to convince the jury of reasonable doubt then their is a good chance you did it.

    • @shayhicks7682
      @shayhicks7682 10 месяцев назад

      I mean it’s likely the jury got the OJ verdict wrong, but the prosecution blew it. At the same time the defense made that trial about race and the jury bought that hook line and sinker.

    • @jamesdinius7769
      @jamesdinius7769 6 месяцев назад

      Right. Because new DNA evidence has NEVER overturned a wrongful conviction. Nope. Nothing to see here.@@untrueman

  • @pietermoonen
    @pietermoonen 5 лет назад

    Dank,TED, voor de vertaling in het nederlands. Zo kan ik genieten van uw interessante zendingen!

  • @juandominguezmurray7327
    @juandominguezmurray7327 7 лет назад +166

    Trial by jury is just unfair and I don't see how it is not biased. The average citizen is not qualified to be judging, and more importantly, is not qualified to seek for the truth which should be the most important thing. Sadly, I haven't heard of a legal system that looks for the truth, but for presenting a case to influence the jury's/judge's opinion (almost not caring about what actually happened - the whole jury selection process is not about selecting the most impartial people, but the ones that might be most biased in favor of the position you are going to defend-).

    • @andreasegger4277
      @andreasegger4277 7 лет назад +7

      Juan I wouldn't claim that. Here in Austria we have some form of jury (for harder cases like murder) and it works fine. Of course it's biased but i think it should be that way. We all have a common sense of justice. Also, a jury obviously cannot give an unconstitutional punishment. I don't think a jury can be less manipulated than a judge and also if so it doesn't really matter since the judge propose the jury his suggestion before they come to a judgement

    • @juandominguezmurray7327
      @juandominguezmurray7327 7 лет назад +10

      +Andreas Egger I agree with you that the jury can be manipulated similarly to a jugde, and I am not sure if we share a common sense of justice, but that is not really my point. Perhaps (very likely) I was not clear. What I was trying to say is that the most important thing should be finding out the truth, if the people accused did commit or not the crime s/he is being judged upon. There should be people specialized in finding out that (perhaps more than one group that investigates the case independently), something that I don't see a jugde or common people in a position to do. The judge should only be there to say what sentence should be carried out according to the law if the accused is found gilty, and that is it. Then the common people should not decide the sentence either, but also people with special studies that can determine what is best for that specific case. The main purpose of jail is to reform and reintegrate people into society, so that should be the main goal of the people that determine for how long the criminal should go to jail. Lawyers should not even exist in this case. But the system is not built upon the objective of finding out the truth, and that is my main objection to this whole thing. And then we put people to do jobs they are not qualified for and where lives are really being affected.

    • @sircastic959
      @sircastic959 7 лет назад +1

      The Jury basically has to agree with the Judges if you want a guilty verdict. Only problem could be jury nullification but then again, there is the question wether this is a problem itself.
      It´s there to check the court.
      Also, you do not need a jury as much as plea bargains are a gigantic problem.
      In Germany we do not have a jury but we sometimes have something else, the "Schöffen" which are basically apointed as assisting judges from outside the judiciary profession.
      But most importantly, our courts don´t get circumvented on a grand scale.

    • @juandominguezmurray7327
      @juandominguezmurray7327 7 лет назад

      +Sir Castic agree that the plea bargains are a big problem since I don't think that they care much about the truth either. But I could be wrong...
      In Argentina we have only one judge that decides everything. Interesting that thing of the "Schöffen". If you don't mind teaching me, how is that "Schöffen" apointed, what skills must s/he have to be able to assist the judge and how does he do it (does he participate on the veredict, only in what punishment should be given, in both, or his assistance is in another area)?

    • @drink15
      @drink15 7 лет назад +1

      I wouldn't say trial by jury is unfair. It's how the court system works overall. Unless there is undeniable proof, then knowing the truth is impossible. This leaves the only option which is trying to convince them that what you say is the truth.

  • @Leslie_the_Great
    @Leslie_the_Great 3 года назад +115

    Who else thinks the middle guy in the last scene looks a lot like Trump?

    • @russophile9874
      @russophile9874 3 года назад +13

      That character is supposed to represent the Executive Branch of the US Government (POTUS), they went with a caricature of Trump. Nice touch.

  • @sizanogreen9900
    @sizanogreen9900 7 лет назад +29

    Good video, but I think the way it is made clearly suggests that juries are necessary for a frair trial, I personally don't think that is the case.
    In fact I would argue that a trial is better of without a jury if the judicative system is working properly.
    I would like to point to my own country for that, here in germany we don't have juries yet our judicial system seems very indipendent and properly working to me. This is of course only my personal impression and I would definitly not claim that I have any authority in this field at all but I think one might be biased to think something is universaly better even if it might only be under special circumstances, like trial by jury in a country like for example the US where the judicial system functions a lot less smoothly than desireable, that is why I made this post.
    But all in all great talk and it is also great that ted-ed seems to be uploading more recently.

    • @sizanogreen9900
      @sizanogreen9900 7 лет назад

      I know you don't.
      But I would like it to be otherwise (like with uncountable other things in the world)

    • @Arcsinner
      @Arcsinner 7 лет назад

      Well, to be fair, we do have Schöffen here in Germany

    • @Ultracity6060
      @Ultracity6060 7 лет назад +1

      Serving on a jury here in the US made me rightfully fearful of ever being judged by one.

    • @Cleric775
      @Cleric775 7 лет назад +1

      Sizano Green
      Really?
      What about the rapes and murders caused by the migrant invasion?
      It's a Sexual Emergency!

  • @jonasventurejr.6582
    @jonasventurejr.6582 7 лет назад +3

    The art in this episode is very good, please hire and keep that artist for future animations

  • @ensa89
    @ensa89 7 лет назад +44

    I'm from Europe and I graduated from law school. I know and work with judges and prosecutors. I seriously don't understand trial by jury. It's unnecessary and people in the jury are not qualified to decide if someone is guilty or not. I just don't get it.

    • @JM-us3fr
      @JM-us3fr 7 лет назад +7

      ensa89 You're probably right, which is why America is trying to get rid of it

    • @neneklampir6664
      @neneklampir6664 6 лет назад +4

      In dubio Pro rio.
      It is better to release all the criminals than put an innoccent man in the punishment.
      In my opinnion, Jurors are necessary as the verdict of making people guilty or not need both consent of Judge and Jurors in order to guarantee the certainty

    • @justafaniv1097
      @justafaniv1097 6 лет назад +25

      As someone currently in an American law school, I would say a lot of it has to do with an inherent distrust of the government. Every judge is the product of politics, either by election or appointment, and much of the U.S. Constitution is designed to limit the power of the government.
      The general thinking is that a jury of unbiased peers is better suited to come to the correct decision than a judge who may have an agenda. Since both plaintiff and defendant have broad leeway in dismissing potential jurors, the idea is that you root out the bias, and since they don't have legal training, can decide the case based on the facts and the law (though in matters purely of law, a judge can sometimes throw out a case). A judge by contrast usually is not from the community, or is of a much different social class then those involved. Their opinion may be jaded, or they may be seeking re-election on something such as a "tough on crime" platform.
      Also, fun tidbit, since juries have total immunity against repercussions for wrong decisions (unless corruption is involved), and the principle of double jeopardy, they are also able to declare a defendant innocent even if all the facts and law say they are guilty. Some would argue this is a good thing, allowing the people to protest unfair or immoral laws (for instance, many Northern juries acquitted men who helped fugitive slaves escape), while other see it as improper and prone to abuse (such as when other juries acquitted members of lynch mobs).

    • @anirudhsethi636
      @anirudhsethi636 6 лет назад +8

      check how Indian legislators are stripping off citizens taxes and crippling the judiciary, executive and media. Jury system is very much needed in India

    • @awhodothey
      @awhodothey 6 лет назад +1

      ensa89
      It's only purpose is to check corruption.

  • @UrAwsome55
    @UrAwsome55 7 лет назад +293

    I love all these grotesque depictions of trump and other politicians. It really adds to the atmosphere.

    • @JonatasAdoM
      @JonatasAdoM 7 лет назад +2

      ...

    • @MadMarvelTPresents
      @MadMarvelTPresents 7 лет назад +15

      I don't see where he's a good president, but okay.

    • @tp4055
      @tp4055 7 лет назад +10

      TheRamenGryphon I don't see why he's a bad president either, but okay.

    • @AlphabetCookie
      @AlphabetCookie 7 лет назад +8

      I find it hard to believe people SERIOUSLY can't see how Trump is doing well.

    • @AkiraKurai
      @AkiraKurai 7 лет назад +6

      Well, in my opinion, I can't really say he's doing horribly. I don't agree with some of his morals however, he is fulfilling what he said he would do during is campaigning. Therefore I have some trust in what he may be in the future. He may be a horrible person to some but at the least he keeps his words, to some degree.

  • @frisbeeeater
    @frisbeeeater 7 лет назад

    the drawings/animations of this are fantastic

  • @superpasi7315
    @superpasi7315 7 лет назад +2

    I love Ted-ED it's one of the coolest Channels on RUclips

  • @MoeLestingYou
    @MoeLestingYou 7 лет назад +21

    I can think of a lot of cases that really don't need a jury, like the Jim Sterling case that ended recently. However, employer discrimination cases just getting dismissed is pretty fucked up.

    • @awhodothey
      @awhodothey 6 лет назад +3

      MoeLestingYou
      Not really. Judges know that most cases have zero evidence and stand no chance at proving a crime. Why waste tax dollars when most cases have no chance at winning, because there's no way to determine the truth?
      That's the real reason conviction rates are going up- prosecutors are refusing to prosecute any case that doesn't have solid evidence. That's why people who are obviously guilty get off all the time. Prosecuters won't take the same cases to trial that they used to. They only want the ones they should win (and the 10% of cases they lose are only the cases where something went wrong).

    • @icemike1
      @icemike1 3 года назад

      The deck is stacked

  • @peterthepanda
    @peterthepanda 2 года назад +2

    Plea bargaining in the US is pretty much skewed in favor of the prosecution.
    In many other countries, it is the accused/defendants that initiates/moves to undergo plea bargaining subject to certain rules and conditions.

  • @hyojinlee
    @hyojinlee 2 года назад

    Love this video, thank you so much!

  • @realkingsimon
    @realkingsimon 7 лет назад +2

    I love these and more riddles!

  • @blazephoenix199
    @blazephoenix199 7 лет назад

    The art in this one was spectacular

  • @jatinkarde5260
    @jatinkarde5260 7 лет назад +552

    Am I the only one to see that the judges in the last looked a lot like Donald Trump and Hillary Clinton....??

    • @bobboby3567
      @bobboby3567 7 лет назад +3

      No

    • @DPowered2
      @DPowered2 7 лет назад +9

      hillary would be a crook in jail and trump would be a crook still free

    • @whoareyou1034
      @whoareyou1034 7 лет назад +42

      I did not see Hillary there...

    • @randomnamegbji
      @randomnamegbji 7 лет назад +40

      I think they have trump there to represent a branch of government, but I don't think it's supposed to look like hillary.

    • @Rubenarmijo2
      @Rubenarmijo2 7 лет назад

      Boldevin i thought the same

  • @rcxb1
    @rcxb1 7 лет назад +12

    Since it is required by the constitution, yes, trial by jury will continue, indefinitely. There's no need for a jury if a defendant is willing to admit guilt, but it's always an option if they maintain innocence or wish to protest an unjust law.

  • @RatMilk_Art
    @RatMilk_Art 7 лет назад

    wow
    this really goes to show we all still have lot to learn

  • @LittleSkyful
    @LittleSkyful Год назад +20

    I think its so weird, that random people decide over your fate. They aren't professionals. The emotional aspect is way to important and thats why the people on trial try to be likeable.

    • @daniellai7712
      @daniellai7712 Год назад

      It is still better your fate is decided by one person. You don’t have to be professional to look for facts. That’s why jury is called finder of fact, and judge is call law expert.

    • @LittleSkyful
      @LittleSkyful Год назад

      @@daniellai7712 I don't understand your comment. I rather have my fate decided by people which were trained oO like in every other job. I don't know any other country which chooses random people and calls it jury.

    • @Aliceintraining
      @Aliceintraining Год назад +4

      you do have the right to forgo trial by jury and instead have the judge handle the verdict, that would be called a bench trial. the advantage to this would be the fact that the judge can run the trial faster.

    • @sanskaarkulkarni1036
      @sanskaarkulkarni1036 3 месяца назад

      Because a jury is just like you. Many judges run promising to be "tough on crime" so they very rarely acquite. A jury does not care either way so is more likely to acquite you. ​@@LittleSkyful

    • @Jorbz150
      @Jorbz150 3 месяца назад

      @@LittleSkyfulTrained in what? The job of juries is to determine what occurred in a variety of different circumstances. You can't be trained in that. Training in the law doesn't tell you whether someone is lying about what they did. If there were a methodical way to determine things like that when there is conflicting circumstantial evidence then we wouldn't need juries. It's like saying "let's eliminate democracy and replace it with a system where a smart person makes good decisions. And we'll train them in being right." The world is nowhere near that simple.

  • @Yhh272
    @Yhh272 Год назад +11

    So those are the ones Amber Heard constantly look at....I bet they turn their faces away

  • @lordvyse19
    @lordvyse19 7 лет назад +5

    I love this animation! Wish I could give more likes.

  • @thinker8682
    @thinker8682 7 лет назад +465

    Bring back trail by combat 🔪

    • @ridandibintangpamungkas1082
      @ridandibintangpamungkas1082 6 лет назад +4

      How interesting it would be if professional MMA fighters will be the hired combatants. That would be more awesome and thrilling to watch than any "sports entertainment" has tried to do! (Well.. as long there won't be any "death match" involved. Since that's not cool to watch, not cool at all).

    • @RIFLQ
      @RIFLQ 6 лет назад +1

      I think it's a good idea because righteous people will fight to death for their rights, just like how people fight on how guns don't kill people, people will become more enthusiastic in hitting the gym in order to win if one day they should be in trial, and not to forget that guilty people are mostly masterminds, their big brains but small muscles makes them has no chance in winning.

    • @dodogerman5286
      @dodogerman5286 6 лет назад +10

      Luke Skywalker guilty people are mostly masterminds? Have you been living under a rock for all your life?

    • @RKBock
      @RKBock 6 лет назад +4

      yeah. i mean, no musclehead has ever killed a person with his hands.
      and the gang violence is also mostly done by academics.
      and there are also no academics that ever visit the gym. (just fyi, i'm studying physics. a guy in my courses competes in strong men competitions)

    • @RIFLQ
      @RIFLQ 6 лет назад

      Does that guy involve in criminal activity?

  • @ashwinsaxena2458
    @ashwinsaxena2458 7 лет назад +2

    Speaking of juries in USA... India too had a jury but after the RUSTOM PAWRI case the jury system was abolished. The reason was the jury system too was biased. You can even learn more about that case in the movie RUSTOM.

  • @eingoluq
    @eingoluq 7 лет назад

    I've heard the ancient Nok has a judicial system similar to ours. Does anyone know where to find information on that?
    Also everything in the video sounds scary.

  • @pauldog
    @pauldog 7 лет назад +27

    so because of the constitution, people have been scared into admitting guilt with a lesser criminal sentence... what a terrible system

    • @kgbreviews35
      @kgbreviews35 4 года назад +1

      It's because if they are convicted through trail by jury. They get the maximum sentence.

    • @lollol-ou8tp
      @lollol-ou8tp 4 года назад +2

      Because of Supreme Court decisions*

    • @thechosenone1533
      @thechosenone1533 3 года назад +1

      @★ Froggie Animation ★ It does but in the US you are basically punished for going to trial. Most countries plea bargains are exceptions and not the rule.

    • @icemike1
      @icemike1 3 года назад

      @@thechosenone1533 yes because most people don't have the resources to fight the government

  • @Ssure2
    @Ssure2 7 лет назад +16

    I'm dissapointed that I couldn't even find ONE Ace Attorney reference...
    Ah, well, this isn't really a reference-heavy channel anyway...

  • @Fetteremo
    @Fetteremo 7 лет назад

    beautiful design of the judges!

  • @TheMadmaurice
    @TheMadmaurice 7 лет назад +1

    0:51 Why is the constitution in the background only consisting of the Lorem Ipsum?

  • @1RolyPoly
    @1RolyPoly 7 лет назад

    this could not have come at a better time. now I see some reasoning behind jury duty.

  • @hafizharbi5764
    @hafizharbi5764 7 лет назад +2

    i love this art style.

  • @ExtraSpicyRice
    @ExtraSpicyRice 7 лет назад

    What is the background music? I like it.

  • @StrangeDad
    @StrangeDad 7 лет назад

    Loving the artstyle in this video.

  • @scenepunk09
    @scenepunk09 7 лет назад

    Most people try and get out of jury duty and don't really care about the process. It can be difficult to get enough people together who are willing. That might be part of why a jury is used less now.

  • @arakashmahale1
    @arakashmahale1 7 лет назад +36

    *"Impartial Group of Citizens"* Hmm...

    • @khaitranngoc4176
      @khaitranngoc4176 3 года назад +1

      Where can we find an impartial group of citizen anymore? It's like a real life anti-hero

  • @seanpeery7780
    @seanpeery7780 7 лет назад +5

    Jurors are NOT representative of the greater population. They are representative of people who feel like actually coming to their jury duty. Often times this is largely those who are meek and those who are malicious. The meek fear lying to get out and the malicious are their with the sole intent of enacting their sense of justice.
    The jury culture in this country has lead being tried by a jury to show a greater level of non-objective convictions than those that aren't. Juries ignore evidence, don't understand what reasonable doubt is and are generally the worst thing for you if you are innocent but don't "look" innocent.

    • @leahstone9938
      @leahstone9938 7 лет назад

      in the UK you have to go to jury duty if you are selected by law unless you are severely stuck in hospital, pregnant or in jail. this means that it does represent the population of healthy not pregnant citizens.

    • @Yonkage
      @Yonkage 7 лет назад +1

      Juries are whoever the prosecutor and defense attorney wants, not a random selection. Even if you want to be on a jury, you'll likely be rejected for any number of reasons. If the defense is incompetent (ie: a public defender), the jury will favor the prosecution and the suspect will likely be convicted. If the defense is very competent (ie: charges a lot of money) the jury will favor the defense and the suspect will likely be acquitted.
      So because the prosecution and defense pick their jury, it means that whether you get convicted or not depends mostly on how much money you can afford to throw at your defense team.

    • @seanpeery7780
      @seanpeery7780 7 лет назад

      +Yonkage That is a very good point of nuance.
      I have a lot of bias from most people I know having jured only on small cases with newer attorneys, where they've been on juries with blatant racists and people that have no backbone or understanding of of how the law is supposed to work.

  • @janibii_608
    @janibii_608 6 лет назад

    The artstyle here is beautiful.

  • @nettlescats3796
    @nettlescats3796 7 лет назад +1

    No mention of the Alford plea?

  • @kylerussell4867
    @kylerussell4867 Год назад

    A citizen’s right to a trial by jury is a central feature of the United States Constitution. It is considered a fundamental principle of the American legal system.
    Fundamental right itself is mentioned five times in the Constitution: Once in the original text (Article III, Section 2) and four times in the Bill of Rights (in the Fifth, the Sixth, and the Seventh Amendments).
    When any of our rights are violated we can seek remedy through courts. If it is a Fundamental Right we can directly approach the Supreme Court or the High Court of a state.
    According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."

  • @jvaldez97
    @jvaldez97 7 лет назад

    Amazing video, learned more in this vid than in an entire semster of goverment class.

  • @danielmcsween884
    @danielmcsween884 6 лет назад +1

    It`s a shame that the justice system relies on so many plea deals as they are often advantageous as well. Leaving most with the option to plead guilty to crimes just to mitigate risk is completely wrong.

  • @ctsenglish3073
    @ctsenglish3073 7 лет назад

    That's deceitful :o Great animation by the way.

  • @FengLengshun
    @FengLengshun 7 лет назад

    Huh, the animation got better and cooler. Awesome.

  • @heatherswanson1664
    @heatherswanson1664 7 лет назад +5

    You missed the opportunity to say "the jury is still out" after the last question.

  • @RamiWrites
    @RamiWrites 7 лет назад +2

    The caricatures they had representing the three branches of government was gold
    Edit: 3:42

  • @IronMongoose1
    @IronMongoose1 4 года назад

    Awesome animation.

  • @bramvantongeren8044
    @bramvantongeren8044 4 года назад +18

    In my opinion jury’s don’t work. Judges are schooled to think independently and rationally. Jury’s however are just random citizens and can be more easily influenced by emotion. I also think even more proof for this is the fact that some of the best legal systems in the world do not have jury’s.

    • @thomaswallace7023
      @thomaswallace7023 2 года назад

      Judges in this day and age are ideological driven screwballs.

    • @tackytaco8133
      @tackytaco8133 Год назад +1

      We don't have a jury and the judges support rapists.

  • @maxcanning2618
    @maxcanning2618 3 года назад +1

    Who do you want to mediate your dispute. A professional who has experience in dealing with situations like the one you're facing and resources specific to their job OR a random citizen.
    I agree the people in power have their own interests to advance and agendas to push but so do every-day people.
    The jury is an essential tool to fair and unbias government but like all the tools we use to govern ourselves it has strengths and weaknesses.

  • @matricepeinard7879
    @matricepeinard7879 7 лет назад

    I did'nt know how problematic the US law system was...
    Such a stunning animation style, that's really effective

  • @leona5543
    @leona5543 7 лет назад

    Does anyone know the music in the background?

  • @nikolaevkatesla3823
    @nikolaevkatesla3823 2 года назад

    The animation is top tier

  • @bvillafuerte765
    @bvillafuerte765 8 месяцев назад

    Good video.

  • @CorinaStadler
    @CorinaStadler 7 лет назад +1

    What about bench trial?

  • @hollieprice4477
    @hollieprice4477 7 лет назад

    love you ted ed

  • @rtist9281
    @rtist9281 3 года назад +4

    When I clicked on this vid I thought they had to be kidding. Where I live my husband and I get called almost every year for jury duty. There have even been a few occasions where I was call twice in the same year (although they’re not supposed do that). And I’ve already served on two juries.

    • @6-cats
      @6-cats 2 года назад +2

      Hi I have a question as previous Jury? What would be your verdict between Amber Heard and Johnny Depp?

  • @noahvdb813
    @noahvdb813 7 лет назад

    great video

  • @giuseppequaranta9132
    @giuseppequaranta9132 7 лет назад

    The paintings are incredibile!

  • @jananias2985
    @jananias2985 3 года назад +3

    We don’t have a jury in India, the lawyers present the case to the judge(s) and they make a decision. Also, unlike the US, the judiciary is separate from the government/political parties, so you can expect them to act like a third party. However, in practice, especially in recent years, the job’s getting politicised, so. We used to have a jury system until they let a murderer walk free because he managed to convince them that it wasn’t *really* murder because his wife cheated on him.

  • @joycesun2
    @joycesun2 7 лет назад

    What's the background music?

  • @dangard88
    @dangard88 2 года назад

    Summary judgment can only happen in civil cases, and only if one side can show that there are no material facts in dispute.

  • @clevercat9774
    @clevercat9774 6 лет назад +1

    Being British I was really surprised by this. It’s just in absolutely everything in Britain.

  • @JaguarBST
    @JaguarBST 7 лет назад +3

    Man! Founding fathers were such smart group. Defend your constitution America! you owe it to them.

  • @rotem1437
    @rotem1437 2 года назад

    Such a weird thing...in my country we have only a judge or a few judges

  • @srimathivijayaragavan732
    @srimathivijayaragavan732 7 лет назад

    hey could you pls put about golden ratio

  • @FlaviusBelisarius-ck6uv
    @FlaviusBelisarius-ck6uv 7 лет назад +1

    Reminds me of the law that allows prosectors to freeze a defendants assets. It's a favorite strong-arm tactic used by the government to harass criminal defendants. The original idea was to tie up assets supposedly accumulated in whatever criminal activity the defendant was engaged in, primarily drug trafficking. Seize the ill-gotten gains and make things tough for the cartels. And like so many laws, it didn’t take the prosecutors long to get creative and expand its use. By using this, they can make it impossible for a defendant to post bail or even hire their own lawyers, and there's nothing we can do about it because that's how they rig prosecutions.

    • @marlonmoncrieffe0728
      @marlonmoncrieffe0728 7 лет назад

      Karun Divij Balachandar
      That needs to stop

    • @Thiiink
      @Thiiink Год назад

      perfect example the YSL rico case

  • @chrisboerma7585
    @chrisboerma7585 7 лет назад

    Wow, the choice of images there didn't make it seem at all like there was specific direction the video creators wanted to you lean, did it?

  • @matthewblairrains6032
    @matthewblairrains6032 6 лет назад +5

    The problem with jurys is for long cases members can lose their business if self employed as they are away for a long time and also jurors lose job opportunities that come up while there on the case

    • @nicholaswalker4250
      @nicholaswalker4250 6 лет назад +2

      Matthew Blairrains tell me about it I have to go to jury duty tomorrow and I don’t want to I have to miss a presentation and an exam because of this.

  • @andik70
    @andik70 7 лет назад

    so whats the music score?

  • @TheKukun123
    @TheKukun123 6 лет назад

    What'd the difference between grand jury and a jury?

  • @dadequalcustody8350
    @dadequalcustody8350 2 года назад

    I believe summary judgment exist because too many people try to get out of going to jury duty. They want the privilege of having a jury but then they don’t want to participate as a member of the jury. The thing about summary judgment is that you can appeal them and The appeals court I’ll give you the benefit of the doubt.

  • @tedchirvasiu
    @tedchirvasiu 7 лет назад

    Awesome art style!

  • @superlolmusic1
    @superlolmusic1 7 лет назад

    Loving that art style.

  • @nnewt8445
    @nnewt8445 Год назад

    Same thing that happened to _Princess Ida_ and _Utopia Limited_ - it fell by the wayside in favour of _The Pirates of Penzance_ .

  • @quasarsky
    @quasarsky 6 лет назад

    Pretty misleading to distort the % by making it appear plea bargains have gone done by color shade. In cars when the gas is full in newer cars its shaded. And changes to unshaded or unmarked when emptying.

  • @theGoldjey
    @theGoldjey 3 года назад +1

    I don't get the American jury system. Where I live in Switzerland there are people that know the law and criminology that make the the decision not some random people who rely on intuition . So mainly only a couple (multiple!) judges. The defense team and the prosecution team from the state and also a psychologist or Psychiatrist. I would be horrified letting some random citizens make the decision about sentencing. How can you be okey with this? 😳

  • @gta4everrr
    @gta4everrr 5 лет назад

    Seems like a lose lose situation to me. Juries can, have, and always will wrongfully sentence the innocent. Then again plea bargains and summary judgement certainly produce the same results. Just a matter of which one is worse.

  • @PragmaticAntithesis
    @PragmaticAntithesis 6 лет назад +14

    Juries still exist for all crimes here in the UK. It's a better system for everyone.