History of the Jury System - Research Paper Example

History of the Jury System When the word jury is mentioned to anyone, visions of people sitting behind a scaled seating box, sullen and strict looking often comes to mind. These are the citizens of a state or country who are tasked with one of the most important decisions they will ever make in their lives. They have to decide whether a person is guilty or not guilty of an accused crime based upon evidence presented. According to those who fully understand the concept, this method of civil and criminal trial is supposed to be the most just and fair system available to those accused because they are being tried by a “jury of their peers”, ordinary citizens with no vested interest in the outcome of the case. Contrary to popular belief, the jury system is not an American foundation, in fact, in order to understand how the jury system evolved to the modern one that is in use today, we must look back, into the historical past of the jury system. This is the only way that people will totally understand the concept and importance of the jury system as it applies to our justice and court system. This paper will present the history of the jury system, its evolution, and the importance of the jury trial in the proceeding pages using information from the American Bar Association, New Jersey Courts, and others. It is believed that the jury system evolved from the trial system of medieval England where the members were tasked to investigate the facts of the crime before gathering to come to a agreed upon decision. Based upon this supposition, the common belief is that the jury system has been in use by the legal system for at least 1000 years. It was Henry II who is credited the most with the creation of the jury system in England due to his creation of several legal actions that were meant to resolve land and inheritance disputes. These actions were called assizes and called upon 12 “free and lawful men” (American Bar Association “Part I: The History of Trial by Jury”) from the same area who were familiar with the facts of the case to take an oath as to the validity of their information as to who the true owner of the property was. Since this jury was considered self-informing, they could only join the panel if they were familiar with the information relating to the case. However, it did not come into its modern incarnation till the 15th century when the jury no longer had to investigate a crime and decide upon guilt on its own, it then became more known as a group of people who were tasked with deciding the facts of a case in an effort to determine guilt or innocence (Ullah, Nazib “History of the Jury System”). Credit this revision in the jury system to the changes that took place in the justice system of medieval England in the 18th century, records from this era show that the juries at this point were already protectors of life and liberty as they began acquitting accused felons, mainly because the jury of the era did not see a need to enforce the death penalty for most crimes as was the past practice in the system. Instead, they opted for public whipping or branding (American Bar Association “Part I: The History of Trial by Jury”). It only when Henry the VI came to the throne that medieval England changed the jury system from a group of 12 people who were familiar with the facts of the case to a group of 12 people who would act as “trier of evidence” instead which is the current role of a jury in the courts (Daniel, Christine “History of Jury Duty and Our Compromised Jury System Today”). The concept of the jury system spread beyond England most likely due to the expanding monarchy and government system in place among the occupied territories. British America was of course expected to follow suit as a territory of Britain. Therefore, the concept of the jury system is not an American justice system creation. It is believed that; “By the end of the Colonial Period, the (Grand) Jury had become an indispensable adjunct of Government: "they proposed new laws, protested against abuses in government, and wielded the tremendous authority in their power to determine who should and who should not face trial” (Western District Court of Missouri “History of Jury Duty”). It was Thomas Jefferson who said "I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution” (qtd. in Daniel). In the United States, the modern jury system relies on the common people from all walks of life to serve on the jury panel. Only American citizens can serve on jury panels. It does not matter if the person is a celebrity, rich, or poor -- he is expected to decide upon a case based solely on the merits of the case and the criteria for the existence of reasonable doubt. Those who are called upon to serve in jury duty are carefully screened by both the prosecution and defense for possible conflicts of interest or bias in all cases. The reason behind the screening is that These 12 men and women take an oath that they will “carry out their duties faithfully, that they would aggrieve no one through enmity nor deference to anyone through love, and that they would conceal those things that they had heard” (Western District Court of Missouri “History of Jury Duty”). There are actually two kinds of juries in use in the justice system of the United States. These are the petit and grand jury. There are quite a number of differences between the two panels that make each unmistakable for the other. Some of these differences include: Petit Grand 6-12 members 16-23 members Role is to decide whether the defendant injured the plaintiff (civil case) or committed the crime as charged (criminal case) Role is to determine whether there is "probable cause" to believe that an individual has committed a crime and should be put on trial. Trials are generally public, but jury deliberations are private. Grand jury proceedings are not open to the public. Defendants have the right to appear, testify, and call witnesses on their behalf. Defendants and their attorneys do not have the right to appear before the grand jury. Final outcome is a verdict, in favor of plaintiff or defendant in a civil case, or guilty/not guilty in a criminal case. Final outcome is decision to indict (formally accuse) the defendant or not. (United States Courts “Comparing Trial Juries and Grand Juries”) Historically, the grand jury is used in cases that might result in government intervention because; “''The guarantees of jury trial in the Federal and State Constitutions reflect a profound judgment about the way in which law should be enforced and justice administered. A right to jury trial is granted to criminal defendants in order to prevent oppression by the Government “ (Western District Court of Missouri “History of Jury Duty”). It is important that every American citizen do his part when called upon to serve as a juror. The guarantee of a fair trial is one that is assured of every citizen of the land. Therefore, it is a duty of importance and honor. However, because the law is often far too complex and confusing for most people to understand, there is a fear among most Americans once they are called to jury duty. It is important to remember that jurors are not lawyers, that is precisely why they are being called upon to hear a case. The lack of legal know-how assures the accused that only the fact of the case will be considered and legal manipulation of the jurors cannot take place. When called upon to serve as a juror in a civil case, a juror can expect to hear about a general dispute between two parties without any crime involved. Nor is it a family, child custody, or divorce case as those cases are usually reserved for final decision by a judge. All the jury needs to do during this kind of trial is to be convinced of the validity of the evidence presented. However, in criminal case, the term “reasonable doubt” exists in order to ensure a fair and just trial for the accused. This is when the accused is presumed innocent until the jury is convinced of his guilt beyond a reasonable doubt. In both cases, the judge will offer guidelines for the jury to consider when deliberating on the validity of the evidence presented. In a civil trial, the verdict only needs to favor one party while a criminal case needs a unanimous verdict from the jury panel due to the gravity of the crime (New Jersey Courts “Juror Process”). Due to the emergence of new trial systems such a plea bargaining and state witness programs, the need for a jury trial is fast becoming a thing of the past in the United States. However, the new methods of trial and bargaining between prosecution and the defense holds a strong possibility of causing a negative outcome for the accused who places his fate in the hands of his lawyer rather than a jury of his peers. This is a new trend in the justice system that reeks of unreliability and unfairness. There is no true justice for the accused if he is not allowed to present evidence of his innocence as the prosecution tries to prove his guilt. That is the very reason and basis that the jury trial was created over a thousand years ago. The importance of the jury trial in both its petit and grand form cannot be taken lightly. The freedom and innocence of accused parties are in the hands of a group of men and women who are tasked with agreeing or disagreeing with the evidence presented. The members of a jury do not have an easy task and therefore, they should not take their duty and oath lightly either. The justice system of the United States and other countries relies on the reliability and validity of the jury decisions. Therefore, the jury system should be considered one of the strongest pillars of an effective justice and trial system. Works Cited American Bar Association. “Part l: The History of Trial by Jury”. americanbar.org. americanbar.org. n.d. Web. 7 Mar. 2014. Daniel, Christine. “History of Jury Duty and Our Compromised Jury System Today”. voices.yahoo.com. voices.yahoo.com. 9 Jul. 2010. Web. 10 Mar. 2014. New Jersey Courts. “Juror Process”. judiciary.state.nj.us. judiciary.state.nj.us. 2014. Web. 9 Mar. 2014. Ullah, Nazib. “History of the Jury System”. academia.edu. academia.edu. 2014. Web. 5 Mar. 2014. United States Courts. “Comparing Trial Juries and Grand Juries”. uscourts.gov. uscourts.gov. n.d. Web. 9 Mar. 2014. Western District of Missouri. “History of Jury Duty”. uscourts.gov. uscourts.gov. n.d. Web. 8 Mar. 2014. Read More