Understanding Common Law Juries: Their Role And Significance

A jury is a group of citizens randomly selected to hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United States, Canada, Australia, and Ireland. In the United States, the jury trial process is considered a constitutional right in all criminal cases where the penalty may exceed six months of imprisonment. The use of a jury in criminal trials usually involves a unanimous verdict of 12 lay members of the public.

Explore related products

COMMON LAW GRAND JURY HANDBOOK

$6.99

Common Law Handbook: For Juror's, Sheriff's, Bailiff's, and Justice's

$5

Common Law Community Training Manual: Establishing the Reign of Natural Liberty: the Common Law and Its Courts

$8

Common Law Petit Jury Handbook

$6.99

Confessions of a Jurist on the Common Law Grand Jury Cumberland County Maine: For The People of The Maine Republic Free State

$5.95

Handbook Of The Unified Maine Common Law Grand Jury: For The Maine Republic Free State

$5

Jury selection

The jury system, which originated in England during the Middle Ages, is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Ireland.

The jury selection process, also known as empaneling, involves randomly selecting a group of laypersons from the general population to serve as jurors. In some jurisdictions, jury lists are compiled from voter registrations, driver's license or ID renewals, and summonses are mailed out. A panel of these prospective jurors is then assigned to a courtroom, where they undergo a system of examination to ensure impartiality.

During the selection process, both the prosecution and defence can object to a juror, either for cause (specific likelihood of bias) or peremptorily (without stating a reason). This process, known as voir dire, can include general questions asked of the entire pool of prospective jurors or specific questions directed at individual jurors. In some jurisdictions, attorneys may question potential jurors, while in others, the trial judge conducts the voir dire.

In the United States, the voir dire process is often more in-depth and controversial, with critics arguing that it may seek to identify individuals who are more likely to be emotionally swayed. Additionally, in capital cases where the prosecution pursues the death penalty, the jury must be "death-qualified," meaning that all members who object to capital punishment are removed.

In Canada, any adult citizen can be considered for jury duty, and a criminal law jury typically consists of 12 jurors selected from the province or territory where the court is located. Similarly, in Australia, a criminal trial jury typically consists of 12 lay members of the public, and the verdict must be unanimous. However, some states provide exceptions, allowing majority verdicts when a jury cannot otherwise reach a decision.

Explore related products

Origins of the Common Law

$9.2 $12

The Common Law of England and Jury Trials

$24.8

Manual Of The Unified Maine Common Law Grand Jury: For The Maine Republic Free State

$10

Handbook of the Unified Maine Common Law Grand Jury: For The Maine Republic Free State

$18.23

Judge & Jury

$9.99 $14.95

The Dearest Birth Right of the People of England: The Jury in the History of the Common Law

$175

Jury nullification of law

A common-law jury is a group of citizens impanelled to render a verdict in a legal case. The concept of a common-law jury is deeply rooted in the English legal system and has been adopted and adapted by many common-law jurisdictions around the world, including the United States. One of the important powers of a common-law jury is its ability to engage in jury nullification of law.

The concept of jury nullification is rooted in the idea that juries have the right to decide not just the facts of a case but also the fairness and justice of the law itself. In practice, this means that a jury can choose to acquit a defendant if they believe that a conviction would be unjust, even if the defendant technically violated the letter of the law. This power is seen as a crucial check and balance on the power of the state and a way to prevent the unjust application of laws that may be unpopular or unfair.

While jury nullification can be seen as a way to prevent injustice, it is also controversial. Some argue that it undermines the rule of law and the democratic process by which laws are made. If juries can simply choose to ignore laws they don't agree with, it could potentially lead to inconsistent and unpredictable application of the law. There are also concerns that it could be used inappropriately, for example, if a jury refuses to convict because of bias or prejudice, or if they are misled by incorrect information.

Despite these controversies, jury nullification has played a significant role in the legal history of some countries, particularly the United States. One famous example is the trial of John Peter Zenger in 1735, who was charged with seditious libel for publishing criticism of the colonial governor. The jury acquitted Zenger, effectively nullifying the law of seditious libel, and setting an important precedent for freedom of the press.

In modern times, jury nullification continues to be a topic of debate and has been invoked in various cases, including those involving drug laws, protest laws, and self-defense statutes. While juries are typically not explicitly informed of their power to nullify, they may still exercise this power if they feel that a conviction would be unjust.

Explore related products

Laws under Which Monies Are Raised by Grand Jury Presentments 1868 [Leather Bound]

$46.47

On the Jury Trial: Principles and Practices for Effective Advocacy, Second Edition

$49.95 $49.95

The Right to a Jury Trial: The Seventh Amendment (The Bill of Rights)

$29.6 $12.7

Ask Me About Jury Nullification Not Guilty Trial Juror Right T-Shirt

$14.95

Ask Me About Jury Nullification Not Guilty Trial Juror Right T-Shirt

$14.95

The Palladium of Justice: Origins of Trial by Jury

$18.31

Coroner's jury

A coroner's jury is a group of people summoned from a district to assist a coroner in determining the cause and manner of a person's death. The number of jurors typically ranges from 6 to 20, and they are selected in a similar way to regular jurors. The coroner's jury originated in medieval England and is now rarely used in the country, as well as in other countries with strong jury systems. Under the Coroners Act 1988, a jury is only required in cases where the death occurred in custody or in circumstances affecting public health or safety. The coroner can convene a jury for any investigation, but this is uncommon.

The role of a coroner's jury is to review evidence and determine the identity of the deceased, how they died, when, and where. If the jury concludes that the death was a result of murder or manslaughter, they can name suspects, and the coroner can order their arrest and detainment. The verdict of a coroner's jury is admissible only as evidence of the fact of death and not to commit anyone to trial.

Critics of the coroner's jury system argue that jurors may struggle with complex medical questions and tend to agree with the coroner's opinion. Prosecutors may also continue investigations if they suspect foul play, even if the jury finds the death to be from natural or accidental causes.

In practice, coroner's juries are often convened to increase public confidence in the coroner's findings, especially when a governmental party is involved in the death. The jury's verdict can help avoid the appearance of impropriety by one governmental official toward another if no charges are filed.

While the specific characteristics and powers of juries vary across countries, they are generally sworn bodies of laypersons randomly selected to hear evidence, make findings of fact, and render impartial verdicts. Juries are commonly used in countries with legal systems derived from the British Empire, such as the United States, Canada, Australia, and Ireland. Jury trials are considered a democratic institution, allowing citizens to participate in the legal process and find common ground on difficult questions.

Explore related products

Ask Me About Jury Nullification Not Guilty Trial Juror Right T-Shirt

$16.95

What Is the Right to a Trial by Jury? (Rosen Verified: The Bill of Rights)

$13.95

The Jury and Democracy: How Jury Deliberation Promotes Civic Engagement and Political Participation

$22.99 $23.79

Criminal Procedure: Adjudication and Right to Counsel [Connected eBook with Study Center] (Aspen Casebook)

$254.11 $290

Brutality in an Age of Human Rights: Activism and Counterinsurgency at the End of the British Empire

$33.99 $54.95

The Right to a Fair Trial (The International Library of Essays on Rights)

$51.19 $63.99

Jury trial availability

The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United States, Canada, Australia, Ireland, and the United Kingdom. Jury trials are of far less importance in countries that do not have a common law system.

In the United States, the Sixth Amendment states that in all criminal prosecutions, the accused has the right to a trial by an impartial jury of the state and district in which the crime was allegedly committed. The Seventh Amendment states that for suits in common law, if the "value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved." The Supreme Court has ruled that a jury trial is a constitutional right in all criminal cases in which the penalty may exceed six months' imprisonment. In civil cases, jury trials are generally available in all U.S. states and federal courts, but the constitutional status varies. The right to a jury trial in civil cases can be waived in certain instances, depending on the jurisdiction. For example, in a federal district court, defendants can ask to waive the jury, but the court and prosecutor must agree, and the waiver must be in writing and done knowingly and voluntarily. The right to a jury trial is not waivable when the defendant faces the death penalty.

In the Republic of Ireland, a common law jurisdiction, jury trials are available for criminal cases before the Circuit Court and Central Criminal Court, as well as defamation cases, consisting of twelve jurors. Juries only decide questions of fact and do not have a role in criminal sentencing. In civil cases, a verdict may be reached by a majority of nine of the twelve members.

In Australia, the use of a jury is optional for civil trials in any state. The use of a jury in criminal trials is generally by a unanimous verdict of 12 lay members of the public, although some states provide exceptions for majority verdicts. All states except Victoria allow a person accused of a criminal offence to elect to be tried by a judge alone rather than the default jury provision.

In Scots law, there are juries of 15 in criminal trials, with verdicts by simple majority. In Northern Ireland, the role of the jury trial is similar to England and Wales, except for cases of alleged terrorist offences, which are tried by a judge sitting alone in Diplock courts.

Explore related products

God's Jury: The Inquisition and the Making of the Modern World

$12.99 $19.99

Runaway Jury (Full Screen Edition)

$10.27 $30

Juror #2

$3.99

Runaway Jury

$3.79

I, The Jury - Special Limited Edition

$27.47 $49.99

Runaway Jury

$9.82 $12.25

Jury deliberation and voting

A jury is a group of citizens who hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court. The jury system is a hallmark of the English common law system and is commonly used in countries whose legal systems derive from the British Empire, such as the United States, Canada, Australia, and the United Kingdom.

Juries are typically made up of laypersons, or non-experts, who are randomly selected from the general population. The number of jurors varies depending on the type of case and the jurisdiction, but a typical jury consists of 12 lay members of the public. In Canada, for example, a criminal law jury consists of 12 jurors selected from among citizens of the province or territory in which the court is located. In the United States, the Sixth Amendment guarantees the right to a trial by an "impartial jury," and the jury must be composed of a "fair cross-section of the community."

During jury deliberation, the jurors meet in a room outside the courtroom to discuss the evidence and arguments presented during the trial. They must decide whether the prosecutor has proven beyond a reasonable doubt that the accused is guilty. In some jurisdictions, the jury may also be responsible for setting the penalty or sentence if the accused is found guilty.

The jury's decision must be unanimous in criminal cases. This means that all jurors must agree on the verdict. If the jury cannot reach a unanimous decision, the judge may declare a mistrial and dismiss the jury, resulting in a retrial with a new jury. However, in civil cases, the decision may not always need to be unanimous, and a majority verdict may be accepted in some jurisdictions.

It is important to note that the jury's role is to determine the facts of the case and reach a verdict based on those facts. The judge, on the other hand, is responsible for determining the applicable law and instructing the jury on the legal principles they must consider. While jurors are expected to follow the law as instructed by the judge, they also have the power of "jury nullification," where they can acquit a defendant if they find the law to be invalid or unfair, regardless of the evidence presented.

Frequently asked questions