In the judicial field, the procedure that arises from a conflict of interest is called a trial , which is submitted to the analysis of a court or a judge . The competent authority, after the trial and according to the evidence and testimonies collected, issues a ruling that puts an end to the controversy.
The institution that enables citizens to participate in the Administration of Justice is called a jury . Through this mechanism, a group of people chosen by lottery are involved in the prosecution of certain crimes , having the responsibility of issuing a verdict linked to the proof of the facts.
Jury members are also called jurors. These are men and women without legal training who, once drawn, are brought together to make a decision in a specific case. Typically, the jury must indicate the innocence or guilt of the accused.
A jury trial , in short, is a judicial process that is carried out with the participation of citizens to render the verdict . The function of the jury has a scope established in the legislation: generally, the procedure is directed and regulated by a judge, who is responsible for detailing the content of the sentence and setting the sentence .
Those who defend and promote jury trials highlight that it represents a democratization of Justice , since citizens are committed and participate directly.
In Spain, this type of trial is also known as a popular trial and other advantages stand out, such as the following:
-It represents an important step taking into account the legitimacy crisis that exists and even the increasingly less positive view of the judicial system among citizens.
-This is a jury made up of impartial people.
-It becomes a tool that has a clear pedagogical and educational function in dispensing justice.
Opponents of this system, on the other hand, warn that trial by jury can consolidate social prejudices and generate a tyranny imposed by the majority.
In the same way, other arguments used by those against a jury trial include these:
-The members of the aforementioned jury do not have technical knowledge about the different complexities of the legal, judicial and legal field.
-The members of that jury are influenceable and can be influenced by public opinion or by what they may have heard in the media about the case before taking part in that type of trial.
-Likewise, it is indicated that opting for this type of trials means that the judicial administration has to face a significant series of expenses. And the members of the jury have to be isolated, so accommodation must be found and provided with maintenance, among other things.
-If the verdicts they carry out are not supported by reasons, motives and compelling evidence, these may cause the relevant sentences to later have to be reviewed.