A (very) Brief Overview

of the Jury System

What is a Jury?

Jurare = Latin; to
swear or take an
oath

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

Medieval Times in England

Most trials had a

religious context
Conducted by
clergymen or other
church officials
Later, when kings
controlled the courts,
jurors who ruled
against the king might
have property seized,
face imprisonment or
be separated from
their families

Before there were juries, there were

three general methods of trial

Wager of Law

Accused person took an oath,

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

But

Compurgation

If others swore against the

accused, the accused had to
bring in 11 supporters
(compurgators)
These 12 people (including the
accused) took an oath as
character witnesses, not saying
the accused was innocent
If accused was found guilty,
compurgators could also be
punished!

Trial by Ordeal

Used primarily in criminal cases of in

offenses against the king, state or
church
Repeat offenders, or an accused who
could not get 11 compurgators, had to
endure some sort of physical test to
determine guilt or innocence
Problem usually, innocence resulted

Types of Trial by Ordeal

Trial by Hot Water

Accused was cleansed by prayer and

fasting
Had to reach into boiling water to
retrieve a ring
If got burned, accused was guilty
If not, a miracle proved innocence

Trial by Cold Water

Used in Salem Witch trials

The accused was bound and put
in a body of water
If sank, then pure enough to be
accepted by the water
If floated, considered full of sin,
therefore, guilty!

Trial by Fire

The accused were subjected to hot coals

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

Development of Trial by Jury

After trials by ordeal

Juries were used primarily in civil
cases
Juries could be manipulated by
rulers, so
The church supported impartiality of
jurors

Other Changes

Attorneys began to bring in witnesses

to corroborate facts, even if the
witness did not know the accused
Witnesses began to testify before both
the judge and jury (not simply before
the judge)
Juries began to decide only questions
of fact, while the judge focused on
questions of law

The American
System

By the time the colonists

came to America, the
right to trial by jury was
considered essential
Being denied the right is
mentioned as a
complaint against the
British in the Declaration
of Independence
Today, the jury is
essential to guaranteeing
the freedoms protected
by

The Sixth Amendment to the U.S.

Constitution

Applies to all criminal prosecution

Guarantees the right to:

a speedy and public trial, by an impartial jury of the

state and district where the crime was committed
Be informed of the nature and cause of the
accusation
Be confronted with witnesses in his favor
Have the assistance of counsel for his defense

BUT the accused may choose to be tried

before a judge only

The Seventh Amendment to the

U.S. Constitution

Applies to all civil cases involving more than

$20
Preserves the right to a trial by jury, if any
party in the suit wants one as long as the
subject matter was available in 1791!
Also says that a jurys decision is FINAL; their
verdict can only be reversed if there is a
significant error of law (improper jury
instruction, admission of evidence, procedural
error or misinterpretation of a statute)

Whats in it for you?

Gives the average citizen an opportunity
to participate in the democratic process
Gives the power to preserve & protect
freedom
Lends credibility to the judicial system and
its processes
One day, IT MIGHT BE YOU!