Assertion of the Supreme Court Research Paper Example | Topics and Well Written Essays - 750 words

Assertion of the Supreme Court - Research Paper Example Bill of Rights – was founded on this concern; inclusive of all its prohibitions, pertaining to various issues of legal justice and jurisprudence. In this regard, issues focused on within the prohibitions include: - the rights of all Americans against self-incrimination, right against unwarranted and unreasonable searches and seizures, and importantly; with regard to the issue under focus – the right to trial by jury. This right to a jury trial, plays a vital role within the American justice system; hence the need to not only understand prevailing weaknesses and strengths, but further still, on the critical function of the jury, within criminal matter contexts (Vogler, 2005). The American Supreme Court, has in recent history continuously asserted on the fact that a defendant is not entitled to a jury that is composed in part, or whole, by individuals of his/her own race or ethnic identity. These rulings are without doubt well-intentioned, given the sensitive nature of criminal trials in any given locality or state. While viewed as a positive way forward, the rulings in no way obligate the utility of racially mixed juries in given case scenarios, nor do they prohibit states from utilizing such a jury. In fact, as Jeffrey (1994) asserts, quite a substantial number of legal scholars and policy makers are of the view that the utility of racial criteria, can in fact aid in the promotion of racial diversity within prevailing American juries. Suggestions have been further provided, on the need to ensure larger proportions of racial minorities are included; by way of removing some of the majority-race jurors present (Jeffrey, 1994). According to the Sixth Amendment of the American Constitution, a jury trial is guaranteed to anyone facing all manner of criminal cases i.e. misdemeanor, felony, state or federal in nature. Presently however, as Forsyth & Appleton (2009) allude, it is more common to those individuals facing potential imprisonment, of at least six