THE DEVELOPMENT OF THE JURY SYSTEM

The jury system developed in England during the Middle Ages. During the reign of Henry II (1154-1189), the jury system was introduced to curb the power of the baronial courts and extend the power and influence of the royal courts in England. Henry II allowed all freemen to sue in the royal courts on questions involving land tenure. By doing so, Henry expanded the roll of the royal courts and introduced traveling royal judges to hear cases. Royal judges often allowed local sheriffs, who were also royal officials, to call members of the community to give testimony and to decide the case. This was the beginning of the modern jury system. While Henry II was unable to break the power of the Church courts, he was able to usurp the authority of the local barons in England.

The next steps in the evolution of the jury system came during the reign of Edward I, King of England from 1272-1307. Edward I was able to complete the centralization of the courts under royal authority. Edward divided the royal courts into two benches. The King’s Bench dealt with violations of royal law, what we know today as criminal law, and Common Pleas which dealt with civil cases between citizens. Juries were used in both types of cases. These two distinctions are still used today.

Under King Edward III (1327-1377) the English court system developed to include the Justice of the Peace, a local magistrate to handle minor cases at civil and criminal law. In these courts, drawn from a very local venue (area), juries dealt with local cases under the direction of learned local, royal magistrates. The development of the Justice of the Peace courts further deprived the local nobility of the ability to dispense justice.

During the years between Henry I and Edward III, the jury system developed into the system we recognize today. Originally juries accused an individual of a crime or offense, gave and heard the evidence concerning the case, and decided the facts in the case. Over a period of time juries separated into accusatory juries (today’s grand jury) and a smaller jury to hear the evidence in the case and determine the disposition of the case (today’s petit or trial jury).

As English colonist migrated to America during the 17th and 18th Century, they brought with them the English legal system that included the jury system. The U.S. Constitution guaranties all citizens a trial by jury. The right to a jury trial in a civil case is granted in the VII Amendment. The right to a jury trial is guaranteed in the VI Amendment. The right to a grand jury accusation (indictment) is granted in the V Amendment.

While many of the freedoms expressed in the Bill of Rights stem from British abuses prior to the Revolution, they also come from the Founding Fathers (Founding Persons to be P.C.) understanding of rights that developed over a long period of time in English history. The right to a jury trial is a cornerstone of that heritage.

History’s currents, or current history? You decide.