Kara Sears
A common-law criminal jury system is a type of legal proceeding in which a jury makes a decision or findings of fact. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are most common in common-law adversarial-system jurisdictions, acting as triers of fact, while judges act as triers of law. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems, but not all. In most common-law jurisdictions, the jury is responsible for finding the facts of the case, while the judge determines the law. The right to a jury trial has been enshrined in English law since the Magna Carta in 1215, and is most common in serious cases, although the defendant can insist on a jury trial for most criminal cases.
| Characteristics | Values |
|---|---|
| Number of jurors | 12 in England and Wales, 15 in Scotland, 7 in Hong Kong, 16-23 in a grand jury |
| Age range of jurors | 18-75 |
| Jury's role | To hear evidence, make findings of fact, and render an impartial verdict |
| Judge's role | To determine the law |
| Jury nullification | A controversial practice where the jury can reject a law they believe to be unjust or unfair |
| Jury equity | Similar to jury nullification, tolerated more in the UK than in the US |
| Jury selection | Randomly selected |
| Jury trial demand | The defendant can insist on a jury trial for most criminal cases |
| Jury trial limitations | Jury trials are expensive and time-consuming, particularly in complex fraud cases |
| Jury trial abolition | The right to a jury trial has been removed for some offences, such as most driving offences and minor criminal damage cases |
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Jury nullification
The jury system developed in England during the Middle Ages and is a hallmark of the English common-law system. Juries are most common in common-law adversarial-system jurisdictions. In most common-law jurisdictions, the jury is responsible for finding the facts of the case, while the judge determines the law.
There are differing perspectives on the role and basis of jury nullification. Some maintain that it is an important safeguard of last resort against wrongful imprisonment and government tyranny. Others view it as a violation of the right to a jury trial, which undermines the law. Jury nullification is technically a discretionary act and is not a legally sanctioned function of the jury. Jury nullification is considered inconsistent with the jury's duty to return a verdict based solely on the law and the facts of the case, and counsel is not permitted to present the concept to the jury.
Some commonly cited historical examples of jury nullification involve jurors refusing to convict persons accused of violating the Fugitive Slave Act by assisting runaway slaves or being fugitive slaves themselves. Jury nullification has also been used to oppose what jurors perceive as unjust laws, such as those that prohibited alcohol during Prohibition, or criminalized draft evasion during the Vietnam War.
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Jury selection
The jury system, a key component of the common-law criminal justice system, has its origins in England during the Middle Ages. It has since been adopted by various countries, including former British colonies such as the United States, Canada, Australia, and India. The jury's primary role is to act as a trier of fact, evaluating evidence, determining the facts of the case, and rendering an impartial verdict.
- Random Selection: Potential jurors are typically chosen at random from a list of eligible citizens within the court's jurisdiction. This random selection ensures a diverse range of perspectives and helps prevent bias.
- Jury Pool Formation: The selected individuals form a jury pool or venire, from which the final jury will be chosen. The size of the pool varies depending on the jurisdiction and the expected length and complexity of the trial.
- Questionnaires and Interviews: Prospective jurors may be asked to fill out questionnaires or undergo interviews to assess their eligibility and suitability for the specific case. This stage helps identify any biases, conflicts of interest, or reasons for disqualification.
- Voir Dire: This is the process of questioning prospective jurors orally to determine their suitability. Attorneys from both sides may participate in this process, seeking to identify any potential biases or reasons for dismissal. It allows the attorneys to gain insights into the jurors' backgrounds, beliefs, and experiences that might influence their decision-making.
- Challenges for Cause: Attorneys can challenge prospective jurors for cause, requesting their removal due to specific reasons that may impact their impartiality. Common reasons include personal connections to the case, strong biases, or inability to understand the proceedings.
- Peremptory Challenges: In addition to challenges for cause, attorneys may have a limited number of peremptory challenges, where they can dismiss prospective jurors without stating a reason. These challenges are often strategic and based on the attorneys' instincts and preferences.
- Final Jury Selection: After the challenges, the final jury is selected from the remaining eligible individuals in the jury pool. The selected jurors are sworn in and instructed on their duties and responsibilities.
The jury selection process aims to ensure that the jury represents a fair and impartial cross-section of the community. It is a crucial step in upholding the integrity of the common-law criminal jury system, as it helps prevent bias and ensures that the jury can render a verdict based solely on the facts of the case and the evidence presented in court.
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Jury trial history
The jury system developed in England during the Middle Ages and is a hallmark of the English common-law system. The right to a jury trial has been enshrined in English law since the signing of the Magna Carta in 1215. The Magna Carta is the "great charter" that protected the civil liberties of English subjects and guaranteed the two great pillars of democratic society—representative government and trial by jury.
The jury system evolved within common-law systems rather than civil-law systems. Juries are most common in common-law adversarial-system jurisdictions, such as the United States, Canada, Australia, and Ireland, whose legal systems derive from the British Empire. In most common-law jurisdictions, the jury is responsible for finding the facts of the case, while the judge determines the law.
The jury trial has had a profound impact on the nature of American civil procedure and criminal procedure rules. In the United States, jury trials in criminal cases are protected by the Fifth, Sixth, and Seventh Amendments of the U.S. Constitution, which extend the right to a jury trial for both criminal and civil matters and a grand jury for serious cases.
The history of jury trials in India dates back to the period of European colonization. In 1665, a petit jury in Madras composed of twelve English and Portuguese jurors acquitted a Mrs. Ascentia Dawes, who was on trial for the murder of her enslaved servant. Jury trials in India were gradually abolished during the 1960s, culminating in the 1973 Criminal Procedure Code, which remains in effect in the 21st century.
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Jury rights
The right to a jury trial is a cornerstone of the judicial systems of many countries, especially those with a common-law system. Jury trials, or trial by jury, are a legal proceeding in which a jury makes a decision or findings of fact. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system.
In England and Wales, the right to a jury trial has been enshrined in English law since the Magna Carta in 1215, and is most common in serious cases, although the defendant can insist on a jury trial for most criminal cases. In Scottish criminal trials, juries are composed of fifteen residents, while in civil trials there is a jury of 12 people.
Many British colonies, including the United States, Hong Kong, and Australia, adopted the English common law system in which trial by jury is an important part. Jury trials in criminal cases were a protected right in the original United States Constitution, and the Sixth and Seventh Amendments of the U.S. Constitution codify the right to a jury trial for both criminal and civil matters. The Fifth Amendment extends this right to a grand jury for serious cases. In most common law jurisdictions, the jury is responsible for finding the facts of the case, while the judge determines the law.
In Australia, Section 80 of the Australian Constitution provides that "The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed..."
In Ireland, the law is historically based on English common law and has a similar jury system. Article 38 of the 1937 Constitution of Ireland mandates trial by jury for criminal offences, with exceptions for minor offences, military tribunals, and where "the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order".
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Jury size
The jury system, which is a key feature of the common-law criminal system, developed in England during the Middle Ages. The jury size varies depending on the country and the type of trial.
United States
In the United States, the Sixth Amendment guarantees the right to a jury trial in criminal prosecutions. The Fifth, Sixth, and Seventh Amendments extend this right to both criminal and civil matters, and a grand jury for serious cases. Historically, it was assumed that a jury trial required twelve members. However, in the case of Williams v. Florida in 1970, the Supreme Court rejected this traditional view and upheld a Florida law providing for a six-person criminal jury. The Court stated that a twelve-person panel is not a necessary ingredient of a jury trial.
United Kingdom
In England and Wales, jury trials are used for criminal cases, requiring twelve jurors between the ages of 18 and 75. The trial may continue with as few as nine jurors. In Scotland, criminal trials have juries composed of fifteen residents, while civil trials have juries of twelve people.
Other Countries
Hong Kong, a former British colony, generally has seven members on juries for criminal trials in the High Court. Australia's Constitution provides for jury trials for criminal offences, with early trials in the colony of New South Wales in 1824 consisting of twelve civilians. Ireland's Constitution also mandates trial by jury for criminal offences, with some exceptions.
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Frequently asked questions
A common-law criminal jury system is a type of legal proceeding in which a jury makes a decision or findings of fact. It is commonly used in countries with legal systems derived from the British Empire, such as the United States, Canada, Australia, and Ireland.
The role of a jury is to listen to a dispute, evaluate the evidence presented, decide on the facts, and make a decision in accordance with the rules of law and their jury instructions.
The number of people on a jury can vary depending on the jurisdiction and the type of case. In England and Wales, jury trials for criminal cases require 12 jurors, while in Scottish criminal trials, there are 15 jurors. A larger jury, known as a grand jury, can consist of between 16 and 23 jurors and is used for investigating potential crimes and indicting suspects.
In most common-law jurisdictions, the jury is responsible for finding the facts of the case, while the judge determines the law and sets the penalty. However, in rare cases, a jury can reject a law if they believe it is unjust or unfair, a practice known as jury nullification.
The use of a jury trial is believed to be more impartial and democratic than a bench trial, as it involves a group of peers from the community rather than a single judge. It also allows for a more concentrated fact-finding process, as all evidence is presented and evaluated in a single trial rather than multiple hearings.
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