Trial by Jury: The Anchor for Democracy

Abstract

Trial by jury is a legal proceeding that originated in 12-13 century England. After a series of development and diffusion over the course of history, it has been adopted by several countries today, with the U.S. and Britain the most prominent. Still, the debate about abolishing the trial by jury has always been heated. Many people, such as Tomas Jefferson, regard jury trials as the foundation for democracy and justice because they can prevent the government’s abuse of power and have many other benefits. However, critics of trial by jury claim that it should be abolished due to jurors’ lack of professional knowledge and other flaws of this system. Such discussion about whether to abolish trial by jury is what the paper addresses on. In addition, this paper discusses trial by jury within its U.S. and Britain contexts and primarily focuses on the United States, since a large proportion of jury trials worldwide take place in America. After analyzing various primary and secondary sources from different time periods and contexts, this paper concludes that trial by jury should not be abolished since it can preserve democracy through checks and balances, instill citizens with civic virtues, and promote social justice. In addition to arguing trial by jury should not be abolished, this paper also examines certain criticisms of jury trials and rebuts these doubts.