ORIGINS OF THE MODERN JURY

• NCJ Number: 59849
• Journal: Medicine, Science and the Law Volume: 19 Issue: 1 Dated: (JANUARY 1979) Pages: 3-7
• Author(s): E COX
• Date Published: 1979
• Length: 5 pages
• Corporate Author: John Wright and Sons, Ltd
• Publication Format: Article
• Publication Type: Historical Overview
• Language: English
• Country: United Kingdom
• Note: PRESIDENTIAL ADDRESS TO THE BRITISH ACADEMY OF FORENSIC SCIENCES

Annotation

THE ORIGINS AND EVOLUTION OF THE JURY SYSTEM IN GREAT BRITAIN ARE OUTLINED.

Abstract

THE MODERN JURY SYSTEM IN GREAT BRITAIN ORIGINATED WITH THE USE OF A SWORN INQUEST OF AREA RESIDENTS BROUGHT TOGETHER WITHOUT ANY AUTHORITY OF ROYAL WRIT TO SWEAR TO THE FACTS THEY KNEW IN A DISPUTE. BY THE 12TH CENTURY, THIS PRACTICE OF SUMMONING A GROUP OF MEN TO WHOM QUESTIONS COULD BE PUT BECAME INCREASINGLY COMMON, ALTHOUGH THE TYPES OF QUESTIONS CONSIDERED VARIED MARKEDLY. AS LONG AS ENGLAND WAS A TIGHTLY KNIT FEUDAL SOCIETY WITH MOST OF THE POPULATION REMAINING NEAR THEIR HOME VILLAGES THROUGHOUT THEIR LIVES, THE LOCAL KNOWLEDGE OF THE JURORS FOR THE SETTLEMENT OF DISPUTES WAS INVALUABLE. THIS TYPE OF JURY PREDOMINATED IN THE 12TH, 13TH, AND 14TH CENTURIES. AS FEUDALISM DISINTEGRATED, HOWEVER, COURTS COULD NOT CONTINUE TO DEPEND ON LOCAL KNOWLEDGE, SO JUDGES INCREASINGLY EMPHASIZED THE IMPORTANCE OF THE JURY TO RENDER DECISIONS ON THE BASIS OF THE EVIDENCE PRESENTED, UNTIL THIS BECAME THE SOLE BASIS FOR JURY VERDICTS. IN THIS NEW FORM, THE JURY WAS ENOUGH OF A SUCCESS TO REMAIN IN CONSTANT USE IN ALL TYPES OF COMMON LAW COURTS. WITH THE UPHEAVALS OF THE INDUSTRIAL REVOLUTION IN THE 19TH CENTURY AND THE TRANSFORMATION OF ENGLAND INTO A MORE DEMOCRATIC SOCIETY, PRESSURES WERE BROUGHT ON THE COURTS TO SIMPLIFY THEIR PROCEDURES TO DEAL WITH NEW TYPES OF DISPUTES. THE JURY SYSTEM WAS ILL-EQUIPPED TO DEAL WITH THESE NEW PRESSURES. JURIES WERE NEVER WIDELY USED IN THE COUNTY COURTS, AND THE NEED FOR FASTER AND SIMPLER PROCESSES RAPIDLY EXPANDED THE JURISDICTION OF MAGISTRATES. OVER THE PAST 100 YEARS, THE JURY'S TRADITIONAL PLACE IN COMMON LAW HIGH COURT ACTIONS HAS BEEN ERODED TO ONLY A FEW ACTIONS. IN THE GROWING ENTERPRISE OF ADMINISTRATIVE TRIBUNALS, THE JURY HAS NOT BEEN ACCORDED A ROLE. THE POSITION NOW HELD BY THE JURY IN THE ENGLISH LEGAL SYSTEM MAY BE APPROPRIATE FOR CURRENT LEGAL AND SOCIAL NEEDS. A BIBLIOGRAPHY IS PROVIDED. (RCB)