Desirable Duties of Lawyers in Changing Society
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Two ladies rebutted each other claiming that the other one does not have any right to bring up a child. Solomon drew a conclusion in agony that the two shall separate the child into two. One of the two, the real mother of the child, could not help but forgiving the right to care and feeding her baby, which enabled Solomon to make an honest and desirable judgment. Although this is not an example of these daysdecentralization in terms of the judgment was sentenced by dictator, it is not to say that it is needless to keep our eyes on his judgment and penetration. Therefore, as a complementary measure, now we have a three-time judgment so that we can minimize a percentage of misjudgment. Also, we make an amendment of the code not only for evaluating its legitimacy but also keeping with the drastic change of this society. A lot of controversies over a jury system and shadow jury system (그림자 배심원제) have been held until these days in Korea.
Jury system is the judicial system that general people participate in legal proceedings and trials. We can say that the system is a real democratic one. While jury do not have much power in Korea, they really have a great authority to judgment that can be parallel to that of judges in some regions where the system had already been taken and effective. The system is a resolution to an endless agony that judges should not be given more authorities than general, even though judges are equipped with legal specialties. It can also be a trouble-solving measure to an opinion that the general should always be able to actively participate in making laws in their society so that final judgment can be rarely unacceptable to commons.
Therefore, 토크빌 defined jury system, in his book “미국의 민주주의”, as a thing that allows the general to have a sovereignty so that they can be like real judges and also have a real power of judgment. 1)토크빌 (1997),『미국의 민주주의』, 한길사, p.457
However, this can be an Achilles heel of the system since the problem of lack in reliability arises. In fact, there was a case that a black man was sentenced to be innocent from the jurys decision. However, the decision came to face a criticism after one of the jury said that he tried to think the black is innocent just because he is a black person. This case admonishes us that person who are in responsibility of judgment has to be a desirable one. As Pitch said, juries cannot be a Solomon.
Jury trial requires a lot of money. Judiciary have to pay for the cost in all steps in selecting and managing juries.The jurors also have to pay for the cost to participatedin trials. Many people said that the Jury System is really democratic. Because the jury has received legal authority delegated. in the Jury System.
But it can be a negatively temptation chance to some juror or lawyer. There will be not people who do not fall into temptation in front of some money, concussion and so on. As Pitch said, maybe jurors are people who do not know that why are they sitting in the court. Also they cannot understand trial and think that it is really boring.
It is a reason that judiciary allow the chance, Voir dire. It can filter people who are biased and select people who are helpful for them. But it is not a perfect way to find Solomon in jury or pick out obstruct juror. In other words, regardless of the intellectual level or interest in law, most of the juries are not solomon in the trial which they are participated in. But lawyers have effective power to make the man who is not Solomon to be the other man who is like the Solomon. It is not difficult.
Then, what has to be achieved to be a desirable lawyer?
First, he should give others trust. According to a survey made in 2008, 518 out of 1193 respondents showed a negative view to a question asking an effectiveness of a trial that general participate in. The result was caused by worries