NCJ Number
174209
Journal
Hofstra Law Review Volume: 25 Issue: 2 Dated: Winter 1996 Pages: 377-505
Date Published
1996
Length
129 pages
Annotation
The evolution of the institution of the jury is examined from its origins in England through its development in the United States, with emphasis on the similarities and differences between the various historical models of the jury with the modern jury in the United States.
Abstract
The analysis focuses on jury selection, the powers of the judiciary over the jury, the structure and function of the jury, and rules governing what evidence the jury can consider, and potential constitutional objections to procedural reforms currently under consideration by the States and the Federal Government. The analysis concludes that several modifications could be made in the structure and function of the jury in both civil and criminal trials in the United States to enhance the jury's ability to discover the truth and deliver justice without running afoul of constitutional constraints that might be imposed on jury procedures. Such modifications of the jury role would both produce greater justice and be consistent with the traditional functions that juries have performed at one time or another in the English and American legal systems. Most procedural innovations proposed to remedy problems in jury procedures are not constitutionally problematic, are already permitted in the current legal framework, and have previously been used in the United States. These reforms would accomplish several goals, including allowing the knowledge and experience of potential jurors to be a factor that works for instead of against their being placed on the jury and allowing for greater jury participation in the determination of sanctions in criminal cases. Footnotes