The Early Years
The laws of the United States are derived from British jurisprudence. In 1215, Barons from north England forced King John to place his royal seal on the Magna Carta, which includes this guarantee: “No free man shall be seized or imprisoned… except by the lawful judgment of his equals or by the law of the land.” Of course back in the day, courts used thumbscrews and the rack to dispense justice. 21st century defendants usually live through the trial. So the need to place every judgment in the hands of untrained locals has greatly diminished. We now have a much greater level of trust in government employees.
According to the Innocence Project there have been 200 post-conviction DNA exonerations in the United States, including fourteen from death row. If some juries found innocent defendants guilty, it’s likely other juries blew it on not guilty verdicts, thereby setting bad characters loose on the streets. But in our system we never reassemble juries and hold them accountable for erroneous decisions.
Full time professional juries would keep attorneys on their toes. Overworked public defenders represent indigent citizens in our country. These lawyers haven’t the time or resources to fully investigate difficult cases. An experienced jury could spot inadequate representation on either side and ask the judge to order an independent investigation. A thorough evaluation of all evidence in criminal cases will get the truth out, and that’s the key to just verdicts.
jury trial, Magna Carta, Innocence Project, DNA, death row, exonerate
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