Skip to main content Accessibility help
×
Home
Hostname: page-component-99c86f546-kpmwg Total loading time: 0.361 Render date: 2021-11-29T01:17:36.230Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

CHAPTER 8 - AMERICAN TRIAL BY JURY

Published online by Cambridge University Press:  05 June 2012

Get access

Summary

One of the salient characteristics of american civil and criminal justice, which causes and explains many other significant structural and procedural differences from corresponding civil law institutions, is the use of a lay jury to decide disputes of fact in civil and criminal cases. It can be fairly said that the role of the jury in civil and criminal trials is central not only to the structure of the proceeding and functions of its participants but also to the fundamental values that the civil and criminal justice system protect and promote.

HISTORICAL BACKGROUND OF AMERICAN JURY TRIAL

Trial by jury developed in England and was exported to the American colonies along with the other features of English civil and criminal justice. The Anglo-American jury has its roots in the Middle Ages, when English judges assembled groups of knowledgeable citizens from the locality where a crime was committed to assist in the determination of the identity of the wrongdoer. Over the centuries, this early inquest jury evolved into two subforms: the grand jury and the petit or trial jury.

Grand juries have the responsibility of determining whether the facts relating to a particular event justify the lodging of a criminal charge, or indictment, against a particular person. In this sense, they are investigative in nature. Grand juries function ex parte and in secret. Generally, they hear only the prosecution's evidence, although grand juries have been known to subpoena evidence sua sponte.

Type
Chapter
Information
Law in the United States , pp. 206 - 230
Publisher: Cambridge University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org 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 sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent 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.

Available formats
×

Send book to Dropbox

To send 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 sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send 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 sending content to Google Drive.

Available formats
×