Do you think the U.S. jury system should be adopted by other countries?
What
factors do you think should inform a country’s decision to adopt a jury system?
The USA legal system adopted two types of Jury: One in charge of the prosecution, that
is, the Grand Jury, and another in charge of issuing a verdict on it. Its operation follows
the process of determining, in the first place, the viability of proceeding or not with the
accusation (The Grand Jury). If the vote of the jury determines the guilt of the
defendant, a second trial will be held, in which the final verdict will be issued
considering the jury stance (The small jury).
For example, in Colombia. “Individuals may be temporarily entrusted with the function
of administering justice, in the capacity of juries in criminal cases, conciliators or in that
of arbitrators authorized by the parties, or by law, to pronounce judgments in law or in
equity, in the terms defined by law”. (Constitucioncolombia, n.d.) This is one of the
articles of the law reform that the Government has been discussing with sectors of the
justice system. That would allow citizens to participate in criminal trials and expose a
recognizable stance for the final verdict.
Citizens contribute to the final decision. Objectivity is developed and citizens are given
recognized participation in the administration of justice to establish a better democracy.
The implementation of the jury system in other countries must considerer regulations,
where national needs should be acknowledged. In a nation with pressing cultural
problems, the adaptation could be laborious. Also, the process of appointing the jurors
could lead to controversies between the parties, which would be a cause of delay and
obstruction in the judicial branch.
Identify situations in which you would choose ADR over litigation. Explain your
answer. Do the same for situations in which you would choose litigation over ADR.
ADR is a tool that provides people opportunities to resolve legal disputes, either on their
own or with the help of a third party, without going to court. It stands as a good option
for small businesses and entrepreneurs who lack resources to pass through litigation.
1. Negotiation: Breach of INCOTERM in an export contract from Colombia to Canada.
Negotiation is a self-compounding conflict resolution procedure, in which the parties act
directly without the intervention of third parties who act as mediators or interlocutors
between those who have differences. In the cited example, taking into account that the
INCOTERMS are usually accepted as a guide for international transactions, I would
choose ADR instead of litigation because of the presence of documentation, that
supports my allegations of non-compliance with respect to the other party.
2. Civil Litigation: Property disputes
I would choose litigation instead of ADR if family or business property would be at
risk. However, one should consider that this might be expensive considering the context
allegations.
Provide a list of topics that you would present to employees to train them to be
vigilant against criminal behaviour in your organization. What topics do you
consider to be most important? How could you ensure that employees understood
the training?
Security plans and specific organizational measures are elements that help avoid
criminal risk, these should remind all members of the company of the expected
behaviour inside the business. Sharing these tenants in the code of conduct could be
useful. I work in the private security industry. Clients security is the core of the
business. We handle private data that could harm their interest. Technology and
software must be regulated to ensure data stays in the company power, and not
individuals.
I would work in training my co-workers to care for the company code of conduct, where
personal devices or paper cannot be used in specific areas. I would help them to store
data in the cloud and become aware of the business concern for information. Also, I
would share with them the importance of avoiding illegal actions as this would harm the
company and individual reputation.
Reference:
Constitucioncolombia. (n.d.). [Link]. Retrieved September 9, 2021,
from [Link]
%7E:text=Los%20particulares%20pueden%20ser%20investidos,t%C3%A9rminos
%20que%20determine%20la%20ley.
