Published online by Cambridge University Press: 05 June 2012
No tyrant could afford to leave a subject's freedom in the hands of twelve of his countrymen. So that trial by jury is more than an instrument of justice … it is the lamp that shows that freedom lives.
The jury is an ancient institution. It was, after all, a jury that in 399 BCE (by a vote of 281 out of 501) sentenced Socrates to death for corrupting the youth of Athens. But even the “modern” jury pre-dates the emergence of the liberal democratic societies with which we now associate it. After the Norman invasion of England in 1066 CE, a system of grand and petit juries that Charlemagne had developed in eighth-century France was introduced to Britain. In 1215, the English Magna Carta – a formative document for democratic polities – provided for jury trials by peers, and it was about that time that the determination of guilt became the jury's primary role. In early juries, jurors were usually familiar with defendants; it was not till relatively recent times that such familiarity would serve to disqualify a person from participation. By the time of the American Revolution, the jury had arrived at pretty much its present form – though, as the revolutionaries complained, jury trials were frequently corrupted or circumvented by those in power. After the New World colonists broke from the distant and centralized power of England, the “American experiment” accorded to jury trial a much greater symbolic and practical role than was found in its countries of origin.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.