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American Jury History

Decent Essays

A jury is a certain number of men or women, selected by law, grouped together to decide the verdict of a case. (“What is JURY?”) They play an important role in our system of justice. In the United State a jury hears testimony and evidence of the case to determine if that is enough to move forward. Over the years the jury system has evolved immensely and has improved. Roles have become different, some roles in the jury system have been discontinued and others have been added. In the early days of the American jury, many of the laws and roles were modeled after British Parliamentary and English common law. (Hans, Valerie P.) It was expected to do this seeing as this is what type of system colonists were familiar with. However, they were rebels …show more content…

(Ushistory.org) Without free press this restricted the citizens to express their ideas freely. In 1735 the trial of John Peter Zenger was underway to allow free press. With Zenger’s lawyers arguing this was a case based around “the law of the future” instead of the law of today, this was a big and vital step towards the true freedom that the citizens of the colonies had hoped for. (Hans, Valerie P.) John Peter Zenger was an immigrant who every week printed out The New York Weekly Journal, this publication pointed out how corrupt royal governor, William Cosby, was. It accused Cosby of rigging elections, allowing enemies to explore New York harbor, and committing various crimes. (Ushistory.org) The laws at the time stated that the factual question of the falsehood of a statement determined if it was a libel. Andrew Hamilton, Zenger’s lawyer, suggested that while these laws might work in England, they might not work well for America. America has greater equality between those who govern and those who are being governed. Hamilton stated that it was Zenger’s right to criticize those in power and that his right to that was being taken away. Jury decided on a verdict of not guilty within minutes. This case created a lasting impression in law and politics and introduced a new perspective of the relationship between citizens and state. (Hans, Valerie …show more content…

There are criminal grand juries and civil/criminal petit juries (Types of Jury) The United States is the only country that uses grand juries in criminal indictment. Grand juries played a huge role in public issues in the early years of the country. Grand juries were able to conduct investigations following a citizen bringing a matter to them. They handled anything from repairs for public works, a public officials conduct, and complaint of crime. (Types of Jury) They served as a screening tool to see which cases were worth handling and which were malicious/incompetent. Petit juries are made of up to 12 people. In a civil case, petit jury listens to evidence and decides if the defendant has harmed or failed to complete a legal duty to the plaintiff. They decide if the defendant has done what they have been charged for. (About Jury Service) In a criminal case, if a person is accused of a crime that is punishable by incarceration for more than six months it is their constitutional right to trial by jury. However, if it is less than six months trial by jury is not required and the state can decide whether or not to proceed with a trial. (Case Management and the Criminal Procedure Rules.

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