The tradition of trial by jury in this country is older than the Republic itself, having arisen from traditions that were rooted in English life by the thirteenth century. How did the jury come about? For what purposes was it designed, and what ends did it end up serving?

This section of "The American Jury" provides resources and classroom strategies for examining the origins, powers, and purposes of the jury as it developed in England. It also includes activities and resources that allow students to compare the jury system with other legal systems designed to reach fair, workable, and acceptable verdicts in criminal and civil cases.

LIST OF LESSONS

Trial by Oath, Combat, and Ordeal:
Comparing Justice Processes

What's the Big Idea? A Four-Lesson Unit on Trial Systems in Different Cultures:

Unit objectives
Lesson One
Lesson Two
Lesson Three
Lesson Four
The document in MS format

LINKS TO RELEVANT SITES

Jury Trial: General historical background.

Laws of William the Conqueror, Section 6, c. 1066. Trials by oath and ordeal.

Magna Carta, Section 39, 1215. Traditional, but historically discounted, foundation for the jury.

Assize of Clarendon, [Section 6], 1164. Twelve lawful men of presentment.

PRINT RESOURCES

Constitutional Rights Foundation. "Merry Old England: Picking the Best Process," Of Codes and Crowns: The Development of Law (1992), pp. 42-49.

Constitutional Rights Foundation. Of Codes and Crowns: The Development of Law, Teacher's Guide (1992), pp. 51-64.

Kalven, Harry, Jr., and Hans Zeisel. The American Jury (1966), pp. 1-32.

Green, Thomas Andrew. "The Criminal Trial Jury: Origins and Early Development-An Interpretive Overview," Verdict According to Conscience: Perspectives on the English Criminal Trial Jury, 1200-1800 (1985), Ch. 1, pp. 3-27.

Landsman, Stephan. "The Civil Jury in America: Scenes from an Unappreciated History," 44 Hastings Law Journal 579 (1993), pp. 579-619.