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

2. What is a Jury? Jurare = Latin; to swear or take an oath 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 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 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) If someone with a good reputation swore they were innocent, they were acquitted! (found not guilty) But… But…

6. Compurgation If others swore against the accused, the accused had to bring in 11 supporters (compurgators) 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 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! 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 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 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 Problem – usually, innocence resulted in bodily harm or even death

8. Types of Trial by Ordeal Trial by Hot Water Trial by Hot Water Accused was “cleansed” by prayer and fasting Accused was “cleansed” by prayer and fasting Had to reach into boiling water to retrieve a ring Had to reach into boiling water to retrieve a ring If got burned, accused was guilty If got burned, accused was guilty If not, a miracle proved innocence If not, a miracle proved innocence

9. Trial by Cold Water Trial by Cold Water Used in Salem Witch trials Used in Salem Witch trials The accused was bound and put in a body of water The accused was bound and put in a body of water If sank, then pure enough to be accepted by the water If sank, then pure enough to be accepted by the water If floated, considered full of sin, therefore, guilty! If floated, considered full of sin, therefore, guilty!

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

11. Development of Trial by Jury After trials by ordeal After trials by ordeal Juries were used primarily in civil cases Juries were used primarily in civil cases Juries could be manipulated by rulers, so… Juries could be manipulated by rulers, so… The church supported impartiality of jurors 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 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) 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 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 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 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… 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 Applies to all criminal prosecution Guarantees the right to: Guarantees the right to: a speedy and public trial, by an impartial jury of the state and district where the crime was committed 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 informed of the nature and cause of the accusation Be confronted with witnesses in his favor Be confronted with witnesses in his favor Have the assistance of counsel for his defense Have the assistance of counsel for his defense BUT the accused may choose to be tried before a judge only 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 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! 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) 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 average citizen an opportunity to participate in the democratic process Gives the power to preserve & protect freedom Gives the power to preserve & protect freedom Lends credibility to the judicial system and its processes Lends credibility to the judicial system and its processes One day, IT MIGHT BE YOU! One day, IT MIGHT BE YOU!