A (very) Brief OverviewA (very) Brief Overviewof the Jury Systemof the Jury System

What is a Jury?What is a Jury?

Jurare = Latin; to Jurare = Latin; to swear or take an swear or take an oathoath

A group of citizens A group of citizens (peers) legally (peers) legally selected and sworn selected and sworn to inquire into any to inquire into any matter of fact and matter of fact and to give their verdict to give their verdict according to the according to the evidenceevidence

Medieval Times in EnglandMedieval Times in England

• Most trials had a Most trials had a religious contextreligious context

• Conducted by Conducted by clergymen or other clergymen or other church officialschurch officials

• Later, when kings Later, when kings controlled the courts, controlled the courts, jurors who ruled jurors who ruled against the king might against the king might have property seized, have property seized, face imprisonment or face imprisonment or be separated from be separated from their familiestheir families

Before there were juries, there were Before there were juries, there were three general methods of “trial…”three general methods of “trial…”

Wager of LawWager of Law

Accused person took an oath, Accused person took an oath, swearing to a factswearing to a fact

If someone with a good reputation If someone with a good reputation swore they were innocent, they were swore they were innocent, they were acquitted! (found not guilty)acquitted! (found not guilty)

But…But…

CompurgationCompurgation If others swore against the If others swore against the

accused, the accused had to accused, the accused had to bring in 11 supporters bring in 11 supporters (compurgators)(compurgators)

These 12 people (including the These 12 people (including the accused) took an oath as accused) took an oath as character witnesses, character witnesses, notnot saying the accused was saying the accused was innocentinnocent

If accused was found guilty, If accused was found guilty, compurgators could also be compurgators could also be punished!punished!

Trial by OrdealTrial by Ordeal

Used primarily in criminal cases of in Used primarily in criminal cases of in offenses against the king, state or offenses against the king, state or churchchurch

Repeat offenders, or an accused who Repeat offenders, or an accused who could not get 11 compurgators, had could not get 11 compurgators, had to endure some sort of physical test to endure some sort of physical test to determine guilt or innocenceto determine guilt or innocence

Problem – usually, innocence Problem – usually, innocence resulted in bodily harm or even deathresulted in bodily harm or even death

Types of Trial by OrdealTypes of Trial by Ordeal

Trial by Hot WaterTrial by Hot Water Accused was “cleansed” by prayer and Accused was “cleansed” by prayer and

fastingfasting Had to reach into boiling water to Had to reach into boiling water to

retrieve a ringretrieve a ring If got burned, accused was guiltyIf got burned, accused was guilty If not, a miracle proved innocenceIf not, a miracle proved innocence

Trial by Cold WaterTrial by Cold Water Used in Salem Witch trialsUsed in Salem Witch trials The accused was bound and put The accused was bound and put

in a body of waterin a body of water If sank, then pure enough to be If sank, then pure enough to be

accepted by the wateraccepted by the water If floated, considered full of sin, If floated, considered full of sin,

therefore, guilty!therefore, guilty!

Trial by FireTrial by Fire The accused were subjected to hot coals The accused were subjected to hot coals

or a white-hot ironor a white-hot iron If not burned, innocentIf not burned, innocent If burned, guiltyIf burned, guilty

Development of Trial by JuryDevelopment of Trial by Jury

After trials by ordealAfter trials by ordeal Juries were used primarily in civil Juries were used primarily in civil

casescases Juries could be manipulated by Juries could be manipulated by

rulers, so…rulers, so… The church supported impartiality of The church supported impartiality of

jurorsjurors

Other ChangesOther Changes

Attorneys began to bring in Attorneys began to bring in witnesses to corroborate facts, even witnesses to corroborate facts, even if the witness did not know the if the witness did not know the accusedaccused

Witnesses began to testify before Witnesses began to testify before bothboth the judge and jury (not simply the judge and jury (not simply before the judge)before the judge)

Juries began to decide only questions Juries began to decide only questions of fact, while the judge focused on of fact, while the judge focused on questions of lawquestions of law

The American The American SystemSystem

By the time the colonists By the time the colonists came to America, the came to America, the right to trial by jury was right to trial by jury was considered essentialconsidered essential

Being denied the right is Being denied the right is mentioned as a mentioned as a complaint against the complaint against the British in the Declaration British in the Declaration of Independenceof Independence

Today, the jury is Today, the jury is essential to essential to guaranteeing the guaranteeing the freedoms protected by…freedoms protected by…

The Sixth Amendment to the U.S. The Sixth Amendment to the U.S. ConstitutionConstitution

Applies to all criminal prosecutionApplies to all criminal prosecution Guarantees the right to:Guarantees the right to:

a speedy and public trial, by an impartial jury of a speedy and public trial, by an impartial jury of the state and district where the crime was the state and district where the crime was committedcommitted

Be informed of the nature and cause of the Be informed of the nature and cause of the accusationaccusation

Be confronted with witnesses in his favorBe confronted with witnesses in his favor Have the assistance of counsel for his defenseHave the assistance of counsel for his defense

BUT the accused may choose to be tried BUT the accused may choose to be tried before a judge onlybefore a judge only

The Seventh Amendment to the The Seventh Amendment to the U.S. ConstitutionU.S. Constitution

Applies to all civil cases involving more than Applies to all civil cases involving more than $20$20

Preserves the right to a trial by jury, if any Preserves the right to a trial by jury, if any party in the suit wants one… party in the suit wants one… as long as the as long as the subject matter was available in 1791!subject matter was available in 1791!

Also says that a jury’s decision is FINAL; their Also says that a jury’s decision is FINAL; their verdict can only be reversed if there is a verdict can only be reversed if there is a significant error of law (improper jury significant error of law (improper jury instruction, admission of evidence, instruction, admission of evidence, procedural error or misinterpretation of a procedural error or misinterpretation of a statute)statute)

What’s in it for you?What’s in it for you? Gives the average citizen an opportunity Gives the average citizen an opportunity

to participate in the democratic processto participate in the democratic process Gives the power to preserve & protect Gives the power to preserve & protect

freedomfreedom Lends credibility to the judicial system and Lends credibility to the judicial system and

its processesits processes One day, IT MIGHT BE YOU!One day, IT MIGHT BE YOU!