The use of a jury to decide questions of fact in both criminal and civil cases is one of the most distinctive features of the English legal system. Trial by jury, in immitation of the English system, has been adopted by all English-speaking countries.
The modern jury consists of people who have no knowledge of the facts of the case but who decide it on the evidence called before them either orally by witnesses or by the production of documents as evidence.
| Development of the Jury System |
Juries were introduced shortly after the Norman conquest.
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| | | The monarch popularized his own courts of justice against local baronial courts by providing the privilege of trial by jury in his courts. Trial by jury gradually superseded more primitive methods of trial, the three best known being trial by compurgation, trial by ordeal and trial by wager of battle.
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Unlike the modern jury, early juries were expected to have some knowledge of the facts of the case and no evidence was called to assist them in their decision. In criminal cases, it was the duty of the jury to present for trial by the King's justices who came to the county all persons suspected of crime and they were expected to support their presentment of their own knowledge or at least information.
If the information on which the accused was presented was found to be "gossip" or from a person to whose word no credit could be given, the accused person was discharged, otherwise the accused must be tried. This jury corresponded to the modern grand jury which was abolished in England but remains in the U.S.A.
After being presented by the jury, the accused had to stand his trial which he might elect to do by compurgation, ordeal or wager of battle. The accused might elect to "put himself upon his country" - be tried by a jury.
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If the accused did elect a trial by jury, this was not upon the evidence of the case for no evidence could be called. The trial was based rather upon the knowledge of the "petty jury". As in with compurgation, an accused of bad character was always convicted.
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In early times, the "trying" jury might well consist of the same persons as composed the "presenting" jury. Later, a new jury was empanelled to try the case and the accused was entitled to object to any member on the ground, for example, that the person was an enemy.
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Even after it became customary for the jury to decide the case upon evidence called before them, for a long time the evidence was that called by the prosecution only. It was not until 1702 that the accused was allowed to call witnesses and until 1898 that he could give evidence himself.
Counsel to assist the defence was not available until 1836.
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The accused could not be tried unless he "put himself upon his country" by pleading not guilty. If the accused remained mute, he would be subjected to a pecualiar and barbarous torture known as "peine forte et dure".
Trial invariably led to conviction of the accused and forfeiture of their property thus many accused chose this barbarous death rather than leave their dependents destitute.
In 2003, the Labour government led by Tony Blair proposed to remove the automatic right to trial by jury and to allow defendants to choose to be tried by a judge alone as part of the Criminal Justice Act.
On July 14th, the House of Lords voted these changes (only narrowly passed by the Commons after a rebellion by more than 30 Labour backbenchers) by 210 to 136 - a majority of 74. The Lords still had to debate other changes, such as allowing complex fraud trials to be conducted without a jury on July 17th.
"The idea that 12 decent men and women should ... be forced to live in terror in order to satisfy the maintenance of a failed system is a travesty of democracy and justice." - David Blunkett, the Home Secretary - in 2002, the costs to just the Metropolitan Police for the protection of jurors and their families was £3.5-million, a figure expected to rise to £5-million in 2003.
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| | | This was the third attempt by the government reduce the number of lengthy jury trials which are seen as not "cost-efficient" - the previous attempts having foundered in the House of Lords as well.
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History of English Law
by Pollock and Maitland, 1895
Constitutional History vol. 1
by W Stubbs, 1897
Unification and Conquest: A Political and Social History of England in the Tenth and Eleventh Centuries
by Pauline Stafford, publisher Arnold, 1989
The English and the Norman Conquest
by Ann Williams, publisher The Boydell Press, 1997
Law and Government in Medieval England and Normandy
by George Garnett and John Hudson, publisher Cambridge University Press, 1994
The Feudal Kingdom of England, 1042-1216
by Frank Barlow, publisher Longman, 1999
England Under the Norman and Angevin Kings, 1075-1225
by Robert Bartlett, publisher Oxford University Press, 2000
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