Term Paper on "Escabinos and Jurors Two Different System With a Similar Concept"

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jury system of the United States and the escabinos system of Venezuela. The writer explores the system and duties of each system. The writer the provides a comparison of the two systems. There were four sources used to complete this paper.

In a study about cultures one of the most interesting aspects of that study is the study of law and judicial processes. Across the world different nations set their judicial systems up according to the nation's beliefs about the best way to handle that need. Two nations, America and Venezuela have set up judicial systems that allow those accused of crime to face court. In America that system is called a jury system while in Venezuela it is called an escabino system. Each system works to provide the most fair atmosphere possible for those accused of crimes and those who have been the victim of crimes. There are many similarities in the two systems and there are also several differences.

Escabinos

For one to be able to evaluate and compare the escabino system to the jury system one needs to have an understanding of the escabino system.

An escabino is a position that was outlined through the Organic Code Procedural Penitentiary. In the nation of Venuzeual it is considered a right and something to be proud to do. One of the things the system does to insure participants will agree to take part in the escabino system is to promise their protection. If they are willing to take on the duty of being an escabino and perform all of the duties that go with it the government promises to protect those individuals from harm that is related to carrying out those duties.

When comparing the

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two systems it is important to remember that the underyling intent of both systems is to provide the most effective system possible with which to try defendants and protect victims.

The first thing to compare is the way participants are chosen. In the escabino system the participants are chosen through voter lists. This is the same way that American jurors are chosen. In America the voter registration lists are provided to the court system for juror selection and from those lists potential jurors are drawn randomly and the individuals are then notified by mail that they have been selected as a potential juror.

In the escabino system the period of the possibility to serve is for two years. In America it varies depending on what type of jury one is chosen to be on. If it is a grand jury selection the person could be appointed for a one year period or shorter. If it is an individual criminal trial court the person can be assigned to sit as juror for that one trial or for many trials throughout the course of a day or a week.

One of the differences between an escabino and a juror is the type of crimes they can perform their duties for.

An escabjno is more limited in the type of trial that the escabino can sit on as compared to an America juror.

A point by point comparison will find very few differences between the two systems but the differences that are present are significant.

The American jury system is in place because the founding fathers of the nation did not trust those in judicial power to be fair and impartial when it came to meting out justice. Because of that mistrust and concern the founding fathers proposed a jury system in which someone accused of a crime could choose to be judged by a jury of his or her peers (Jury Reform (http://www.constitution.org/jury/jury.htm).

Peers in the case of a jury system means citizens who are randomly chosen for the sole purpose of hearing the evidence against someone and determining whether or not they committed the acts that they have been accused of.

The jury system was chosen and designed to provide the ultimate protection for both the defendant and the victim of crime.

There are two kinds of juries: trial and grand. In a jury trial, the jury is the real judge. The "judge" who presides over the trial is really the president of the court. His proper job is only to control procedure (Jury Reform (http://www.constitution.org/jury/jury.htm)."

There are two kinds of trial: criminal and civil. In a civil trial, the jury decides based on a preponderance of evidence, and a unanimous vote is not required. In a criminal trial, the jury has the duty to acquit the accused unless the prosecution proves guilt beyond a reasonable doubt, and it takes the vote of all twelve jurors to convict. Once acquitted, the accused may not be retried for the same offense (Jury Reform (http://www.constitution.org/jury/jury.htm)."

The members of a trial jury are provided a place to sit and listen to the evidence that is presented during the trial. In a typical jury trial the judge will give the members of the jury explicit instructions as to what they are to do and what their duties are.

The problem is, in our system of law, the "law" in a case is also a kind of fact. Judges don't make the law by their decisions. They only "find" what the law is, based on the intentions of the lawgivers. One of those laws, the Constitution for the United States, and, in a state trial, the constitution of the state, is the supreme law, which is superior to any statute or other official act that may conflict with it. Deciding whether a statute or other official act is consistent with either or both constitutions is not a question only for a judge to decide. It is also a question for anyone who is involved in the legal system, especially the jury. If the case against the accused is based on a statute or other official act that is not authorized by the applicable constitution, then it is unconstitutional, and the jury has the duty to acquit, no matter how heinous the offense or how evil the accused might be (Jury Reform (http://www.constitution.org/jury/jury.htm)."

While many jurors are chosen from registered voter lists the system also taps into a driver license list for its pool of possible participants.

When the list of juror participants is chosen those who are on the list are notified that they will serve a one week service. The one week does not necessarily mean that the participant will actually be seated on a jury nor will they have to actually serve in a court room. The one week service notification is letting that potential juror know that he or she is expected to be completely available for jury duty during that week.

The jury system by its very design chooses random citizens so that a strong cross section of varied economic, racial and social individuals are chosen.

Under the Equal Protection Clause of the United States Constitution, a jury may not be selected in a manner whereby there is a systematic exclusion of any distinct class of persons in the population, or from lists which fail to reflect a representative cross section of the community or under any other prejudicial circumstance that denies a defendant a fair trial by an impartial jury. In order to uphold this, we need those summoned to participate in the jury process to ensure every citizen's right to have their case decided by an impartial jury selected from a representative pool of prospective jurors (Frequently Asked Questions for the Jury Commission (http://www.19thcircuitcourt.state.il.us/faqs/jury_f.htm)." juror is mandated to call in every day for the term of the service. If they are told that they must report they have to report to see if they are needed for service. The trial in question may last longer than the week of service, in which case the juror is expected to see the trial through to the end.

A petit, or trial jury is generally 12 people sworn to try a criminal or civil case, hearing evidence and rendering a verdict. In some cases additional jurors can be chosen as alternates. Some types of cases may use a jury of six (6) people. A grand jury, so named because it is comprised of a greater number of people (16) than a petite jury, is sworn to hear evidence presented by the prosecution and determines if probable cause exists that a crime has been committed (Frequently Asked Questions for the Jury Commission (http://www.19thcircuitcourt.state.il.us/faqs/jury_f.htm)."

Once a juror has been chosen that juror will sit and listen carefully to the evidence presented and then base his or her vote solely on that evidence and the instructions given by the judge. The jury must vote unanimously to convict, otherwise it is a hung jury and the district attorney has to decide whether or not to start the entire process over again or to decide not to retry the defendant.

Some of the differences between the two systems include the type of court or trial they are used for. An… READ MORE

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Quoted Instructions for "Escabinos and Jurors Two Different System With a Similar Concept" Assignment:

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Type of paper: comparative paper, compare between the jury system of united states and the escabinos system of Venezuela, please use the fax material for the information of Venezuela.

Citation: blue book type. Additional information attached below

What means to be an escabinos? In the Organic Code Procedural Penitentiary (Copp) the citizen participation is conceived as a right and to have that participation is through the escabino function. The selected ones must concur and exert the function for which they have been summoned; similarly the State must have to protect and to guarantee his physical integrity and the court must adopt the measures necessary to make such protection effective. To be escabino does not require having previous knowledge.

How they are chosen? Every two years, the magistrature publicly elaborates a list of people who describe to be escabinos, taking the data from them Permanent Civil and Electoral Registry. Known people with impediments, prohibitions and legal excuses are discarded. Soon a drawing by each judicial circumscription is made and the Judge President of the respective Judicial Circuit must have to notify the people who have been chosen.

Types of judgments. It will take part in a Penal Judgment, which will be oral and public. It will participate in a case on a crime that carries a pain of four to 16 years of prison. In the case of adolescents, they will have the opportunity to participate in a mixed penal judgment for the System of Criminal responsibility of the Adolescent; in this case the Court will be integrated by a Judge President and two escabinos, and the judgment will be oral but private. Also, to the dispositions of the Copp and the Statutory law of Protection of the Boy and the Adolescent will be applied (Lopna).

Function and conditions. To the escabino it corresponds to him to judge the culpability of the imputed one to which it is accused to have committed a crime. The escabino form leaves from a Penal Court, who is preside by a judge, who will act like President judge, and two escabinos. All will know the causes and effects that the commitment of a crime brings as consequence of the accomplishment a crime.

The obligations. 1. To take care of the call that to him the Judge President does, in the date and scheduled time.

2. To inform ahead of time to the court about the existing impediments that can present/display for the exercise of their function.

3. To take oath and to maintain the respect to the same one.

4. To fulfill the instructions of the Judge President about the exercise of its functions.

5. Not to give declarations, to comment out or to disclose some information on the Judgment in which he participates himself, since what he ventilates himself he is totally confidential.

6. To judge with objectivity, impartiality and probity.

Causal of excuse. The Copp establishes four fundamental ones:

1. The ones that have exerted the function of escabino within the three preceding years to the new designation.

2. The ones that make works of excellent general interest, whose substitution originates important damages.

3. The ones that allege and credit any other cause that makes difficult to them of form burdens the performance of the function.

4. The greater ones of 70 years.

How it works? The Judge President and the escabinos constitute the court (mixed) and the judgment is made with the uninterrupted presence of the judge, the escabinos and the parts. Reason why he cannot retire of the room until the judgment finishes, except in the pauses dictated by the Judge President. Deliberation and votes. The deliberation is based on the impressions that the escabinos and the Judge President gather during the hearing. The escabinos will be able to interrogate to the imputed one, the experts, the witnesses and to solicit from them clarifying in the opportunity in which the Judge President indicates it. As much the Judge President as the escabinos will try to dictate their decisions by consensus, previous deliberation on all the points submissive their knowledge; if agreement is not obtained, it will come itself to the voting on the disputed questions

IMPEDIMENTS : To have kinship of consanguinity or affinity with some of the parties or its spouse.

Be adopted or adopt some of the parties.

Have with anyone of the parties friendship.

To have maintained some type of communication with some of the parties on the case submissive its knowledge or emitted salary opinion in the cause.

Any other reason that can affect its impartiality.

TO BE ESCABINO IT MUST? be Venezuelan older than 25 years. be in the full exercise of its civil and political rights. be loquacious (minimum). be domiciled in the judicial circumscription where the process is made. Not to be put under penal process nor to be condemned. Not to have been object of sentence of a professional disciplinary organism that jeopardizes its conduct. Not to be affected by physical or psychic incapacity that prevents the performance of the function. Persons that can not be:

The President,

the ministers and the directors of public institutions.

*The General Solicitor.

*The civil employees of the Judicial Power,

*Public Ministry.

*The governors, the mayors and the councilmen.

*The lawyers and university ***** of legal disciplines.

*The active members of the Army (FAN).

*The ministers of any cult.

*Police civil employees and penitentiary institutions.

*The credited heads of diplomatic missions and consular offices abroad.

Translation by Adriana Perez

http://www.ultimasnoticias.com.ve/ediciones/2002/10/27/p10n1.htm

News paper: ultimas noticias

Author: Julio Andres Borgues

Date: October 27 ,2002.

INSTRUCTION FOR ESCABINOS

You have been chosen escabino. Congratulations! Now it will be able to participate directly in the administration of penal justice. This material has been elaborated to support the accomplishment of its workings, and to clarify to its doubts and restlessness. Surely, one will face an event that represents a challenge. Nevertheless, it does not have to doubt his capacity to carry out the work required. You have been called because she fulfills the requirements. Its work is extremely important. It will have to decide on the guiltiness or innocence of the defendant. You have been chosen to act the as escabino.

How has been made this selection? Its name has been selected by drawing of a list of people who fulfill the requirements to evolve like so. This list is satisfied publicly and previous warning of the Executive Direction of the Magistrate, by drawing, every two years with base in the lists, to exclude the people who have impediments, prohibitions and excuses, the judge president of the Judicial Circuit of its jurisdiction notifies the people to participate them in the assigned judgments.

In what type of judgment it is going to participate? You will participate in a penal judgment. This will be oral and public. In this judgment a supposed crime will be known, that in case of sanctioning itself, can take to a greater pain of four years of prison until a maximum of sixteen years. In the Codigo Organico Procesal Penal (COPP) one settles down that nobody could be condemned without a previous judgment. This judgment must be oral and public. It must be made without illegal delays, before an impartial judge, and according to the dispositions of the COPP. All the rights and guarantees of the had process must be safeguard, consecrated in the National Constitution, the laws, treaties, agreements and international agreements subscribed by the Republic. The oral principle establishes that only the tests incorporated in the hearing will be appraised. The publicity principle establishes that the oral judgment will take place in public form, that is, that all the people that wishes it, can attend him. Which are the obligations that have the escabinos? Their obligations are the following ones: To take care of the call of the judge in the date and scheduled time. inform to the court with the anticipation due about the existing impediments for the exercise of its function. take oath. To fulfill the instructions of the judge president about the exercise of its functions. Not to give declarations nor to comment out on the judgment in which they participate. judge with impartiality and probity.

What roll must assume? It corresponds to him, in his quality of escabino, to judge the guilty or innocence of the imputed person to commit a crime. According to his mentioned obligations previously, it must do it of impartial way and with probity.

In what court it is going to participate? It will comprise of a mixed court. This means, that the court is made up of a professional judge, who will act like judge president, you, and another person with the same quality of escabino. In case by the nature or complexity of the subject that is going away to treat in its court, he is considered that the judgment will last an extraordinarily long period, also a substitute will designate itself. The substitute will attend in the opinion from his beginning, since if by some circumstance you must leave the judgment, the substitute escabino will replace it.

When is constituted the court of whom you comprise? Fifteen days before the beginning of a judgment, he chooses himself of between the qualified people exerting of escabino, eight names. Both first they are titular, the other six substitutes. This election is notified the selected people. Three days later to the notification, the selected people must participate in a hearing publishes summoned by the judge president. There the inhibitions and excuses are solved. The court will make the debate in a single day. If it will not be possible, the debate will continue during the consecutive days that will be necessary until their conclusion. It will be possible to be suspended continuously by a maximum term of ten days, computed.

How is deliberated and voted on guilty or innocent? The deliberation is based on the impressions that you, the judge president and the other escabino have gathered during the hearing. The judge president and the escabinos will have to try to dictate their decisions by consensus. Once finished the hearing, you will make a previous deliberation on all the points submissive your knowledge. If agreement is not obtained, it will come itself to the voting of the disputed questions.

How and when must you participate in the debate? You will have to be present throughout the debate. In order to participate actively in him, you will be able to interrogate to the imputed one, the experts and witnesses, and to solicit from them clarifying. Nevertheless, he will not be able to do it at any moment, but he will have to wait for his turn, which will be indicated him by the judge president of the court.

The JUDGMENT does not require of previous knowledge to participate in the judgment in its quality of escabino. At every moment, president will be able to resort to the judge to ask for clarifying information to him and. For his information, and to help him to he prepared better to fulfill his work, we gave next a brief review about the development of the judgment.

How is developed the judgment? Once in the Room the judge president and the escabinos, the judge president will take oath to the escabinos before all the presents. After verifying the presence of the parts, experts, interpreters and/or witnesses who must take part, the judge president will declare open the debate, warning to impute and the public on the importance and the meaning of the act. Next the public prosecutor and the plaintiff will expose their accusations and the defender their defense.

After the exhibitions of the parts, the judge president will receive declaration to the imputed one, she will explain with clear and simple words the fact to him that is attributed to him, and it will notice to him that it can abstain to declare without its silence harms to him, and that the debate will continue although it does not declare. It will later allow that it shows whatever freely has by advisable on the accusation, being able to be interrogated. They will be able to interrogate it the Public Ministry, the plaintiff, the defender and the court (Judge President and escabinos), in that order. The imputed one will be able to abstain to declare total partially or the judge president will come to call to the witnesses and experts, one by one, will begin by which the Public Ministry has offered. He will continue by the proposed ones by the plaintiff and will conclude with those of the defendant. The judge president will be able to alter this order when therefore she considers it advisable for the best elucidation of the facts. After administering an oath and interrogating to the general expert or witness on his personal identity and circumstances to appreciate his report or declaration, the judge president will grant the word to him so that she indicates that she knows about the fact proposed like test object. When finalizing the story, they will allow the direct interrogation. It will initiate who proposed it, will continue the other parts, in the order that the judge president considers advisable, and she will be procured that the defense interrogates of last.

Trial

ESCABINOS: RIGHTS and SANCTIONS

Soon the court will be able to interrogate to the expert or the witness. You, being also judge have the right to make questions to the defendant, the witnesses and the experts; and you can do it directly, it is not necessary to ask by means of the judge president. But not to disturb the development of the judgment, please, president address to the judge informing to him into his intention to make a question. One will provide with paper and pencil to him in order that he writes down his questions until the moment in which the turn corresponds to him to make them. The experts and witnesses will respond to the questions directly that formulates the parts and the court to them. They will be able to consult notes and opinions without the declaration by its reading can be replaced. The judge president will moderate the interrogation and will avoid that the declarative answers captious questions, suggestive or impertinent, she will try that the interrogation is conducted without illegal pressures and offending the dignity of the people. When the expert or witness opportunely mentioned has not appeared, the judge president will order that she is lead by means of the public force and she will solicit to that proposed it that it collaborates with the diligence. A single time will be able to be suspended to the judgment by this cause and if the witness does not concur to the second call or she could not be located for his conduction by the public force, the judgment will continue doing without itself that test.

Which are their attributions like escabino? Along with the professional judge (judge president), you and the other person in quality of escabino constitute the court. The judgment will be made with the uninterrupted presence of the judges (judge president and escabinos) and of the parts. For that reason you cannot retire of the room until the judgment is finished, except in the pauses ordered by the judge president. Finished the judgment, the judge president and the escabinos they will deliberate in all referring to the culpability or the innocence of the accused person. In case the culpability settles down, the one will be the judge president that describes the crime and imposes the corresponding punishment.

Translation by: Adriana Perez

http://www.tsj.gov.ve/DEM/escabino.html

Tribunal Supremo de Justicia.

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