john locke laid the foundation for the right to trial by jury.
who laid the foundation for the right to trial by jury?
john locke
in the 12th century, henry ii took a major step in developing the jury system. henry set up a system to resolve land disputes using juries. a jury of twelve free men were assigned to arbitrate in these disputes. unlike the modern jury, these men were charged with uncovering the facts of the case on their own rather than listening to arguments in court. henry also introduced what is now known as the "grand jury", through his grand assize. under the assize, a jury of free men was charged with reporting any crimes that they knew of in their hundred to a "justice in eyre", a judge who moved between hundreds on a circuit. a criminal accused by this jury was given a trial by ordeal. under the jury, the chances of being found guilty were much lower, as the king did not choose verdict (or punishment).
history of trial by jury in england
every person accused of a crime punishable by incarceration for more than six months has a constitutionally protected right to a trial by jury, which arises in federal court from article three of the united states constitution, which states in part, "the trial of all crimes...shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed." the right was expanded with the sixth amendment to the united states constitution, which states in part, "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed." both provisions were made applicable to the states through the fourteenth amendment. most states' constitutions also grant the right of trial by jury in lesser criminal matters, though most have abrogated that right in offenses punishable by fine only. the supreme court has ruled that if imprisonment is for six months or less, trial by jury is not required, meaning a state may choose whether or not to permit trial by jury in such cases. under the federal rules of criminal procedure, if the defendant is entitled to a jury trial, he may waive his right to have a jury, but both the government (prosecution) and court must consent to the waiver. several states require jury trials for all crimes, "petty" or not.
jury trial