Ask America jury system in "little Daddy" custody case

Text / Li Yaohui

   Recently, the director of the "little Daddy" are popular in the hit. The play, the play a little father than fruit, not demit ten thousand miles to American find son (Xia Tian), because of his previous behavior of their leading to their lost custody of Xia Tian, in all problems by law to solve the USA, penniless, not familiar with the laws for the fruit had to fight a lone battle, as an equal and international law Xia Tian's uncle Taylor in court, fight for custody of Xia Tian, but USA laws and procedures professional and exquisite, be skilled in debate (even those not understand English) Taylor is also very difficult to compete with a mastery of the law.

    Facts have proved this point, and in the thirty-first episode, judge Steven told the others, if you don't hire a professional lawyer, you will face huge losses. In American, law is a necessity, in the litigation procedure, the lawyer is a central figure, it can be said that the entire procedure by the lawyers leading, the lawyer's role is irreplaceable. Those hired cannot afford an attorney, decide for yourself, USA Constitution gives the parties the right to defend, but also give the right of access to lawyers, unless the parties voluntarily give up. For this, the judge must inform the parties give up a lawyer to help the risks and disadvantages, of course, the judge Steven has fulfilled inform obligation, fruit is in already know their own the doings, the choice of defense is entirely voluntary, of course also is helpless.

The provisions America Seventh Amendment to the constitution, any party has to choose the right to a jury trial, this is a constitutional right, is supreme, shall not be infringed. USA civil jury trial cases less and less, especially the simple civil disputes or family disputes, civil rights in relation to major in criminal action, is only five percent to ten percent of the criminal case to trial by jury, the judge inherent many benefits, but the trial system is also a harass the people and waste money, so many criminal cases mostly through plea bargaining summary judgment. The fruit, and Taylor strength wide gap, start the jury trial, no doubt for the fruit, be wise, and has a great advantage. Once the option to enable the jury, the judge must respect the choice of the parties, because America is a constitutional government, constitutional rights, any organizations and people cannot be denied.

The last part of thirty-first, and Taylor at the selection of the members of the jury. According to the provisions of the Seventh Amendment to the constitution of the American, representative jury members generally must have community, each class must represent the community, not because of the economic, social, racial, political or geographical differences and discrimination and differential treatment. The jury members are elected America from ordinary people, most of these people are not proficient in law, and anyone may become a jury, except age, mental, cognitive limitations, or any person who may be selected when the jury. Choose to have their jury jury for a case or has a significant impact, the custody case is no exception. In general, jury selection, to judge the candidate juror questioning, and then by the lawyers for both sides, in criminal cases by the prosecutors and lawyers are asking questions, exclusion or jury selection. Both sides have 8 "because no exclusion" jurors of, no need to explain the reasons to the judge, just feel excluded some of them. Excluded jurors get after the judge agreed should leave the court immediately, finished his mission. The fruit and Taylor respectively to question the jury, to choose as far as possible to make good on their own judgment jury, elimination of their negative jury.

In court, both sides by subpoena a witness or show written evidence, to prove his proposition, remain silent when the jury, quietly watching, listening, presided over by judge referee, but basically is silent, and the parties is the protagonist, Ren indulge in verbiage by their lips gun heated dispute,, cross examine witnesses, to a fatal blow to each other, the jury judgments.

In the play, after the fruit finally closing arguments, the case into the jury deliberation stage. The jurors entered the chamber of secrets, who also don't know what they say, their conscience, based on experience, perceptual, rational of the case for review, they will judge in a certain period of time, but do not have to explain the reason, the process of mystery and authority, when they walked out of the chamber, the final results of the referee tell the judge, this time no one can change the results, even if the result is how ridiculous, is wrong.

In the play, the outcome is good, but also the audience would like fruit, successful, have got one's wish to enjoy the summer custody, summer can return to China fruit.

USA jury is an important part of the national judicial system, the jury for citizens to provide judicial participation, if there is a gap between suspected jury and judge, but in fact, since the jury and the judge in the case ruling high proportion, the play, the audience can see Steven judge made the jury's verdict the jury agreed, the judgment is the general public on the legal provisions under the jury will make the judgment, with the summer, a jury custody of all the other fruit, did not participate in the trial of the people will also experience and based on the basic reason, made of the same the judgment of the case.

"Little Daddy" is less TV and some are related to USA jury trial plot, the plot design, the focus is not on the USA jury system is introduced, and the jury trial, more conducive to render the plot, and in some extent, increase the likelihood of fruit prevails, but also avoid the "rule of man" the factors, the jury is a simple people, most people do not understand the law, almost impossible to legally ruled summer custody ascription, precisely at the "love" in a just cause enjoys abundant support, more can obtain the jury support.

2013/9/14