The American jury system has its roots in medieval England. The kings who rule from the 6th to the 11th centuries and the Normans who conquered England used various procedures that provided possible models for the jury system. However, the innovations in the legal system by King Henry II showed the earliest resemblance to the modern jury.
King Henry created several new legal actions in order to resolve arguments over land and inheritances. With these new actions, twelve “free and lawful men” of the area were assembled to state, under oath, their knowledge of who the true property owner or hair was. These panels of twelve men established the basis on which the modern jury would grow. However, unlike modern juries these panels were expected to come to court with their knowledge the already possessed about the case.
In addition, Henry also created new procedures in criminal cases that are still seen in modern juries. In the Assize of Clarendon, Henry introduced what later was called a grand jury. It required that panels of “lawful men” report under oath whether they knew of anyone who was suspected of a crime in t...
... middle of paper ...
... long as the local laws did not deny blacks the right to be considered for service, it would have to be proven they were wrongfully excluded from service on a particular jury. This meant that many blacks were excluded form actual service on juries, and this did not begin to be weakened until the civil rights struggles of the 1960s.
Women also faced a long struggle to earn their right to serve on juries. While American women gained the right to vote in 1920, they were unable to serve on a jury until 1975. Today we understand that a right to trial by jury includes a right to have a jury chosen from a cross section of people that represent the community. The jury, has adapted to the new political structures and new understandings of an individuals rights. As society continues to change so do the issues that confront this vital part of our democratic tradition.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- The Constitution and The Bill of Rights The Constitution and the Bill of Rights are looked upon by the American people as priceless artifacts, constructed perfectly by the founding fathers over 200 years ago, but is that the case. Is the Constitution, the document that built our government from the ground up, dead. Can we interpret it to fit our modern technologies. I am going to go more indepth on these questions and unravel my opinion on the Constitution and the Bill of Rights. Let’s start off at the beginning; the founders gathered in 1787 for the Constitution Convention, the purpose was to ratify The Articles of Confederation.... [tags: United States Constitution, United States]
771 words (2.2 pages)
- In 1789 the United states created the Bill of Rights to the Constitution after they gained independence from the British. Then in 1791 They added the amendments to the Constitution. There are many similarities to the Bill of Rights and the amendments in the Constitution but many people have a misconception that they are the same. There are some differences between the two and let’s see what are the difference in the two. The Bill of Rights the first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship.... [tags: United States Constitution]
1026 words (2.9 pages)
- The United States Constitution and the Bill of Rights are the most important documents in the history of the United States. Seen as the framework of the United States, the Constitution contains and does many vital things to ensure the well-being of the country and the relationship between the government and “we the people.” But, the Constitution was written in the 18th Century with the concerns of the time in mind. It is now the 21st Century and we see new concerns that were not even close to an idea in the heads of the founding fathers.... [tags: United States Constitution, United States]
1190 words (3.4 pages)
- Growing up as an American citizen, one is normally taught their rights in each and every history or government class. However, knowing the name and brief purpose of an American right is completely different than knowing its history, background, and how it affects the country today. In America, our rights are listed in the Bill of Rights, which is the first ten Amendments to the United States Constitution. The second Amendment to the Constitution of the United States involves the right to bear arms.... [tags: United States Constitution]
986 words (2.8 pages)
- The First Amendment is included in the Bill of Rights in the United States Constitution. The soul purpose of the Bill of Rights was to limit the powers of the federal government. The First Amendment is perhaps the largest and most famous of the Bill of Rights. The first amendment has many parts to it, but all parts ensure the people their right to freedom in the United States. The freedoms of religion, speech, press; right of assembly, and petition are all included and all have their own historical background that led to the adoption of each part of the First Amendment.... [tags: United States Constitution]
1073 words (3.1 pages)
- The right to a trilby jury is one of the main freedoms guaranteed in the Bill of Rights of the US Constitution. In criminal cases, a jury of twelve citizens decides the guilt of the person being accused. The government cannot take someone’s right to life, liberty, or property until those twelve citizens are convinced of the accused person’s guilt beyond a reasonable doubt. In civil cases, the jury represents common sense and the community’s conscience when resolving disputes. The story of the jury, from its origins to its role in the modern justice system, reflects the movement toward self-governance.... [tags: Jury, United States Constitution, Law, Jury trial]
1254 words (3.6 pages)
- The Constitution and the Protection of Rights The Commonwealth of Australia Constitution Act (UK) 1901 is a document that outlines the structures and the law making powers of the Commonwealth Parliament. This document provides for the protection of rights in three ways. Firstly, rights are safeguarded through structural protections, which are a system of checks and balances set up by the founders of the constitution to protect human and democratic rights by ensuring that absolute power is not held by one body, thus avoiding corruption or abuse of Commonwealth power.... [tags: democratic rights, freedoms]
1492 words (4.3 pages)
- “Jury service is one of the most important civic duties you can perform. The protection of rights and liberties in federal courts largely is achieved through the teamwork of a judge and jury” (uscourts.gov). Conversely, often times people feel inconvenienced when they are summoned for jury duty rather than a privilege. When people have a negative impression on a matter, there can be a level of resentment, which in turn may lead to individuals not fully contributing in the decision making process of a jury.... [tags: Jury, United States Constitution, Deliberation]
1112 words (3.2 pages)
- From my perspective health care is a privilege that is or would be based on human rights. However, when providing a level of services to the less fortunate then we are under performing such actions under the principles of moral obligation. When analyzing the United States Constitution, and attempting to uncover any reference to health care, or providing health care to those that reside within our national borders, there is no specific wording that stipulates that health care must be provided. My point of view is based on the following information: As highlighted by Cornell University Law School.... [tags: United States Constitution]
708 words (2 pages)
- Historical Background Constitution, Bill of Rights and Fourth Amendment: America’s first constitution, the Articles of Confederation, was a document signed amongst the 13 original colonies that established the United States of America as a confederation of sovereign states. The Articles of Confederation were ratified in 1781, five years after the Declaration of Independence and two years before winning independence from Great Britain. During this time, states acted like independent countries and federal government lacked the power it has today.... [tags: United States Constitution]
1638 words (4.7 pages)
- America 's Current Political Climate Shed Light On The System Of Higher Education
- The Effect Of Initial Ph On Dyes Adsorption
- The Paranoid Wonder Of The Great Gatsby By F. Scott Fitzgerald
- Female Inmates And Sexual Victimization Experiences
- A Dual Diagnosis Of Substance Abuse And Alcolhism
- The Police Arrested Himself And Locked Him Up