NCJ Number
122968
Journal
American Criminal Law Review Volume: 26 Issue: 4 Dated: (Spring 1989) Pages: 1507-1546
Date Published
1989
Length
40 pages
Annotation
The right to a jury trial is the most ancient of the individual rights contained in the Bill of Rights and should be strongly supported, despite current criticisms by judicial, scholarly, and popular commentators.
Abstract
Throughout the colonial period, colonists were guaranteed the right to a jury trial, and this right was also explicitly guaranteed in the original Constitution. Judicial decisions over the years have clarified such issues as who may demand a trial by jury, the right to a certain number of panelists, jury selection, challenges to potential jurors, and changes of venue. Critics of jury trial note that many citizens are reluctant to serve on panels, that some criminal trials are too complex for ordinary citizens to understand, and that media coverage provides a safeguard against violations of due process. However, the jury trial should be regarded as the safeguard of individual rights, the best current method of citizen participation in the republic, and the only immediate check on the judicial branch. Appended background information and 177 footnotes.