Stephanie Diaz

October 10, 2018

Stephanie.diaz122600@gmail.com

BACHUS & SCHANKER, LLC SCHOLARSHIP

The 7th amendment is the assurance of the citizens of the United States to the
right to trial by jury and ensures protection from the government dealing
excessive charge. The 7th amendment came to rule after the American
declaration of Independence in the Constitutional Bill of Rights in 1776, to ensure
a just trial by jury after receiving unfair representation and corrupt trial cases
under the British Monarchy rule. Verdicts of such cases were oftentimes than
not rendered to the decision by the judge himself in favor of himself or that of
the British King. The colonists then addressed political matters that they dealt
with under the British rule in the Constitution, primarily in that of illegitimate
legal proceedings. Such is why the seventh amendment entails to two clauses
that read, “In Suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved. No fact tried by a jury,
shall be otherwise re-examined in any Court of the United States, than according
to the rules of the common law.” This amendment encompasses the haltering
of federal judge’s – in the United States Supreme Courts- power of overruling
verdicts by jury and details the types of cases that juries are obliged to
determine. Under the seventh amendment the individual tried has the choice to
trial by jury, to ensure an unbiased decision influenced by a judge. Judges are
unauthorized to render decisions for the jury in any sort of case- the amendment
serve as almost an obstruct to ensure judges don’t overstep their rule of power.
However, the individual also has the right to choose to determine that a bench
trial is more favorable, in which the judge replaces the jury and comes to the
decision of the case and not the jury.
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Stephanie Diaz

As judges certainly, do have power in trial cases, their responsibilities in

comparison to that of the juries differ. Judges are left to decide whether the
individual tried is guilty or innocent and the jury is the one who reaches the
verdict as to whether the individual is guilty or not. Though judges do have a role
in the actual outcome of jury trial, they are restricted in their participation. They
have the authority to instruct the jury to mind a particular aspect of evidence
presented or require that certain questions be answered before rendering a
verdict. Because the judge has the responsibility of determining whether or not
evidence is valid for consideration under law, and if a plaintiff's evidence is
invalid or insufficient, the judge may instruct the jury to render a verdict to the
defendant, as is allowed by law.
The 7th Amendment also exists as a check against judges from overstepping
their boundaries because of their positions of power. The judge does not have
the authority to tell the jury how to rule or render a verdict in any case.
Furthermore, the judge cannot persuade the jury to reach a certain decision.
Though a judge and a jury will work together in a jury trial case, their
responsibilities are separate from each other. The 7th Amendment was included
by using as a precursor English civil and common law and the documented
history of corruption displayed in prior times. It was not uncommon that judges
would often render a decision that would most benefit the King or their own
will. The right to a jury trial and the distinction of the roles of a judge and jury
outlined the inherent responsibilities of those positions and any kind of action
biased in nature by either of those in such roles would be unconstitutional.

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