حق المتهم في المحاكمة من قبل هيئة محلفين محايدة دراسة في القانون الأمريكي

Abstract EN

This study discusses the accused's right to trial by an unbiased jury consisting of citizens of different classes and segments.

this right is deemed one of the oldest and most important rights regulated by the sixth amendment to the us constitution in order to ensure hearing the society's opinion about one of its individuals in an important legal matter.

the person accused of committing a crime shall be granted the right to have a trial before a group of citizens of society and those shall be randomly selected.

in this way, the neutrality and impartiality of the trial jury shall be guaranteed.

this study aims at shedding light on the proceedings related to the accused in the trial before a jury such as the way of selecting the members of the trial and the scope thereof in addition to the mechanism put in place by the us procedures law to ensure neutrality of the trial jury and their non-bias to one party against the other, and how to deliver the judgment.

the accused's right to have a trial before a neutral, unbiased jury is a right establishing the right of the accused alone pursuant to the constitution.

therefore, the accused alone is entitled to waive such right.

as such, if the accused requests waiver of such right, the alternative shall be a trial before a judge who has the absolute authority to run the session and determine the evidence to be submitted by the parties to the claim as well as anything related to the proceedings of the trial, and eventually deliver the verdict of conviction or innocence of the accused in addition to deciding upon the fair penalty.

it is established under the federal law and the states' law, that the number of the members of the trial jury may not exceed 1 members or be less than six members.

this is number is part of public order in the us judiciary system.

in order to provide the parties to the claim with neutral and unbiased jury for the accused's trial, the us law established a rule of exclusion which permits both the judge and the public prosecutor as well as the accused's attorney to exclude the members whose presence would influence the trial jury's neutrality and integrity.