Persuasive Essay by Thomas M. Ross
Villines
English 1A

 Look at the title. Is this essay going to be PRO jury system or
ANTI jury system?

– Why does the author start with criticism for the jury system if he is trying to defend it?
 To acknowledge that the jury system is not perfect and therefore to disarm critics who would use the same example to call for abolishing the jury system (counterargument).

Identify the author’s two main generalizations.

1. “Juries are criticized for deciding cases based upon their prejudice or emotions, rather than rationally applying the law to the evidence presented in the case.”  9 th grade language: Juries are criticized for being overly emotional and irrational.

2. “They are also criticized for being incapable of understanding the complex financial and scientific issues that sometimes arise in today’s court cases.”
 9 th grade language: Juries are criticized for not understanding complex issues.

– What analogy does the author make in this paragraph?
 Critics of the jury system are like critics of the democratic process of voting.

“democracy is the worst form of government— except for all the others”  democracy (giving the citizens the right to vote) is better than any other form of government (dictatorship, monarchy, socialist/communist governments)

PARAGRAPH 4 – What type of evidence is presented in this paragraph?
 Statistical evidence based on surveys of jurors and judges
 What rhetorical appeal is being used?
 Logos
 facts, statistics, surveys with HIGH percentages in favor of the jury system.
 Ethos

National Law Journal sounds important/credible resource, judges are considered the authority of the courts and “…judges themselves…have confidence in most jurors…”

PARAGRAPH 5 – What reasons does the author give to support his opinion that judges would be no better than juries?
 Judges are capable of making the same misjudgments as jurors.
 Judges are generally white, affluent males, who often cannot relate to the diverse experiences of defendants.

PARAGRAPH 6 – What FURTHER reasons does the author give to support his opinion that juries are better than a single judge?
 Juries are made up of DIVERSE populations  diverse viewpoints and experiences
 The jury system helps ensure fairness so you don’t have ONE judge (maybe with certain biases/lack of understanding of motive or situation of person on trial) controlling the verdict.

– In your own words, state the author’s main claim, or opinion, in this essay.
 Try it!
 While the jury system is not perfect, it is the best system we have to bring about justice.

Note the italics at the end of the essay…

How might the author’s position in the legal system influence his purpose in arguing for the jury system?
○ As a lawyer and assistant district attorney, he may be biased toward the existing system and have a vested interest in keeping it as it is.