Lstreadingnotesmarch29

Part Four of the book introduces the concept of the jury in our legal system. Law cannot be studied without looking at the community participation in the judiciary. This participation is represented through the use of the jury. The Anglo-American jury system is unique because it deprofessionalizes law and allows the common citizen to play an active role. One of the first systems for judging guilt in society was trial by ordeal. This medevil practice was based on the judgement of god. It was a justice system that although barbaric, represented the community's shared beliefs. It shares similar characteristics with the modern jury because it applied a degree of truth and a means of justice in the way the community saw fit. Shortly after trial by ordeal was abolished in England in 1215, the king implemented a new jury system where the jurors served to accuse people rather than judge their guilt or innocence. This despotic system served only to extend the authority of the king. The inhabitats of England prefered trial by ordeal because they were uncertain about the judgement of man. By the age of enlightenment, values of individuality, rationality, and due process were introduced to the justice system as well as the concepts of conscience and community values. The introduction concluded that if the justice system evolved to our standards today, is there a better system of judgement than the jury?

Unless otherwise stated, the content of this page is licensed under Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License