The History of Trials by Jury

Good Essays
Topics: Jury
Chapter 14
Trace the history of trials by jury.
The right to a trial by jury can be traced to the Magna Carta in 1215. This right was incorporated into
Atricle III, Section 2, of the Constitution with respect to the federal government, and in the sixth amendment, with respect to the states.
Analyze the scope of the right to a trial by jury in a criminal case.
The right to a trial by jury applies to all non-petty criminal offenses, usually interpreted as offenses punishable by a term of imprisonment of six months or more. The right may be waived by a defendant, who may opt for a bench trial in lieu of a jury trial.
Evaluate the impact of differences in jury size and unanimity requirements.
Common law juries have consisted of 12 people since the fourteenth century. The Supreme Court, however, authorized smaller juries in noncapital cases, but juries with less than six members are not permitted in criminal cases. Since that ruling, many states have specifically authorized juries of fewer than 12 jurors, but most allow these smaller juries only in misdemeanor cases. Some studies have found very few differences between six and twelve person juries, while others have reported significant deference’s.
Explain how a jury is summoned and selected, including the constitutional limitations on these processes.
Potential jurors are summoned to court using master jury lists. The people who are summoned, called, the “venire,” come to court to participate in voir dire, a process designed to select a fair and impartial petit jury by asking members of the venir about potential biases concerning the case. Those who cannot serve as fair and impartial jurors are exused for cause. A few other memebers of the venire may be excused by either party using peremptory challenges so long as these challenges are not used in a discriminatory manner that violates the constitutional of equal protection. Discuss the function of jury consultants in the process of scientific jury

You May Also Find These Documents Helpful

  • Better Essays

    Jury Trial

    • 1645 Words
    • 7 Pages

    What are juries? Jury is undoubtedly part and parcel to the essence of a fair trial in the context of the English Legal system or in a wider context, the common law system. So what are juries? And what are their contributions to the English Legal system? The word ‘jury’ derived from Anglo-French, ‘Jure’ which means ‘sworn’. Historically, the modern concept of jury has its roots from old Germanic tribes which a council of men were used to judge the accused. In Anglo-Saxon England, the role of juries…

    • 1645 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Trial By Jury

    • 1319 Words
    • 6 Pages

    It isn’t arduous to see why some may question the efficiency of trial by jury and whether it should, and is able to, continue to discover innocence or guilt. Regarding the trial of Vicky Pryce, the failure of the jury within the hearing conjured ridicule and disdain from the judge and the media. The case deeply unsettled the trust of many in the system. The eight women and four men were dismissed after illustrating “fundamental deficits of understanding” (Jacobson, Hunter & Kirby, 2015, p. 55). Their…

    • 1319 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Trial By Jury

    • 1227 Words
    • 5 Pages

    Jury • A group of citizens sworn to hear testimony and evidence at a trial and decide if the defendant is guilty or not of committing the crime(s) Trial by Jury • The fate of the accused is determined by peers How is a jury selected? • Through a process called empanelling: A list of jurors is created from a list of people living in the area where the court is located 1. 75-100 names from the list are randomly picked 2. These people are summoned to appear in court by notice from the sheriff…

    • 1227 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    right to a trial by jury is to give two americans their right to procrastinate against each other about what really happened in their situation they were in. Judges wouldn't know who did the crime if both defendants had no physical or visual evidence of what really happened at the scene. A trial by jury is really based on the amount of evidence and points you've proved to the judge about the case. The most concerned day of our lives today is walking through the doors to a trial by jury, because you…

    • 900 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Essay On Jury Trial

    • 670 Words
    • 3 Pages

    Having a Jury Trial is known to be a part of the Adversarial System. Which is when exhibits, evidence, and witnesses are assembled by representatives of one side or the other to convince the fact finder that their side’s viewpoint is the truer one. Contrasted to that approach is the inquisitorial approach, used in mostly Europe. In this approach the Judge is given more control over the proceedings. The judge will interrogate the disputing parties and witnesses, referring frequently to a dossier…

    • 670 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Jury Trial Purpose

    • 1459 Words
    • 6 Pages

    1. The Purpose and Functioning of the Jury Trial system in the United States of America A civil or criminal trial in which a jury chooses any questioned issues of reality. The quantity of members of the jury is typically 12 in a criminal trial; the number fluctuates from state to state in a common trial. It could be said it assumes a basic part in guaranteeing that the criminal equity framework works for the advantage of people in general instead of for the advantage of uncalled for pioneers…

    • 1459 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Jury Trial in Malaysia

    • 998 Words
    • 4 Pages

    Jury Trial In Malaysia A jury trial is a trial where a judge is helped by a jury which consists of several ordinary citizens whom are usually selected randomly and generally laymen. Usually the jury box consists of 12 people that will judge regarding the facts of a case. In a jury trial, the selections of the juries are called ‘voir dire’, where the judge or parties ask jurors questions in order to determine their biases and opinions. After the jury is chosen and sworn in, the parties shall give…

    • 998 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Essay On Jury Trial

    • 566 Words
    • 3 Pages

    English 2310 Jury research paper The US Constitution grants citizens the right to trial by a jury of your peers. In other words, it grants citizens the right to be judged by average ordinary rather than by lawyers or judges. Basically the way the system works is all adults who register to vote become members of the potential jury pool. When a jury is needed for a trial, summons are sent out to a number of potential jurors to appear at the…

    • 566 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    jury trial analysis

    • 1338 Words
    • 4 Pages

    rights to criminal defendants during trial. There are two fundamental aspects of the U.S. criminal justice system: The presumption that the defendant is innocent, and the burden on the prosecution to prove guilt beyond a reasonable doubt. Assuming the defendant does not plea-bargain, a trial will probably result. Thus, it is important to focus on constitutional rights during the trial stage. The three rights considered in this paper are the right to a speedy trial, the right to an impartial judge, and…

    • 1338 Words
    • 4 Pages
    Powerful Essays
  • Better Essays

    Jury Trial Analysis

    • 1128 Words
    • 3 Pages

    Jury Trial Analysis When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This…

    • 1128 Words
    • 3 Pages
    Better Essays