An American Tradition

A Unique American Tradition?

They jury trial is a symbol of the American legal system. Estimates put that 80% of all jury trials in a given year take place in the United States. A trial by jury is of such sacred regard that it is guaranteed by our Constitution. It in fact makes an appearance in the 5th, 6th, and 7th Amendments. But what about other countries? Is the jury uniquely American?

The United Kingdom

The most logical starting place is the United Kingdom. The United States owes most of its legal tradition to the system of common law created in England. There are some distinct differences in the role juries play in the U.K. For one, there is no grand jury. Rather a panel of three judges at the Magistrate Court decides if there is enough evidence to proceed. Additionally, the extensive voir dire that takes place in American courts is absent. Juries in the U.K. system are largely selected at random with few potential jurors being excused for potential prejudice. Another substantial difference, Parliament eliminated the defense’s ability to peremptory strike a juror in the 1980s (Vidmar & Hans American Juries).

Mixed Juries: Judges and Jurors 

Some countries have juries that are made up of judges and lay citizens. In certain criminal cases, France has a court where three judges sit alongside either four or six jurors. A verdict must be reached by two third majority. Italy also has a mixed court for serious crimes. It is composed of two judges and six lay persons.

No Jury Wanted 

 At the opposite end of the spectrum, some countries either never had jury trials or abolished the practice. Singapore in 1969 abolished jury trials. Their legal system now features no jury trial option. But the lack of a jury is not a rare feature of a legal system. India for a time had limited jury trials in their legal system, owing mostly to the influence of the British. By 1973, all references to a jury in the criminal code had been completely removed. Many were opposed to the idea of juries because of their source in colonial rule. Gandhi, writing about juries, is quoted “[w]e must not slavishly copy all that is English. In matters where absolute impartiality, calmness and ability to sift evidence and understand human nature are required, we may not replace trained judges by untrained men brought together by chance.” South Africa is another country that abolished jury trials. Right to a jury trial has been abolished since 1969 but was on the decline long before then.

Clearly Not A Universal Right 

Clearly, jury trials are not universally held to be a natural right. Many countries do not have jury trials in either criminal or civil cases.  That said, the right to a trial by a jury of one’s peers is an important legal institution in the United States. Even if the number of trials with a jury have steeply declined in recent years, this right remains important. The jury and its appearance in the United States’ legal system is not unique. But the importance of the jury in the American legal system is unique. The American jury legitimizes the US legal system. It provides an opportunity for every day Americans to pursue justice and to play an active role in our democracy. 

Do you agree? Does the US legal system need juries? Is the American way the best way? If you need some additional food for thought follow the links: here, here, and here.