1. A (very) Brief Overview of the Jury System

2. 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

3. 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

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

5. 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…

6. 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!

7. 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 in bodily harm or even death

8. 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

9. 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!

10. Trial by Fire
The accused were subjected to hot coals or a white-hot iron
If not burned, innocent
If burned, guilty

11. 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

12. 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

13. 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…

14. 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

15. 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 jury’s 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)

16. What’s 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!