JURY

A jury is a sworn body of persons convened to render a rational, impartial verdict and
a finding of fact on a legal question officially submitted to them, or to set a penalty or
judgment in a jury trial of a court of law. It is an institution which decides the facts of
a case in a criminal trial applying the facts they have found to the relevant law on
which they are directed by the judge. If the finding is ‘guilty’ the judge decides the
sentence. In civil cases the jury decides the verdict in a similar manner but also
decides upon the award of damages.

The jury is regarded in the modern world as a peculiarly English institution. Some
other countries, such as the United States, have adopted it as its own. Others have
rejected it, largely because of the possibility of intimidation or corruption.

Originally in criminal cases, there were two juries: a Grand Jury, which accused the
defendant of the crime and a petty jury (or trial jury) which decided whether the
accused was guilty or not guilty. The Grand Jury was virtually abolished by the
Administration of Justice (Miscellaneous Provisions) Act 1933 and was finally
abolished by the Criminal Justice Act 1948. The system of accusation by a Grand Jury
before trial by a petty jury was exported from England to the USA and survives today.
About 98% of criminal cases are tried by magistrates without a jury. Of the others, the
accused is not put to trial in about 1% of cases because for example he pleads guilty
or is discharged on the order of the judge. This just leaves 1% of criminal cases where
the accused is actually tried by jury.

In civil cases there has only ever been one jury of 12 persons in the superior courts,
although it is possible for a jury of 8 persons to be called in the County Court. The
right to trial by jury is largely preserved in the USA it has sunk largely into disuse in
England.

Functions and Responsibilities

Civil Government Oversight. This is a major function of present day jurors, and
considerable effort is devoted to these responsibilities. The jury may examine all
aspects of county and city government and special districts to ensure that the best
interests of County citizens are being served. Its activities do not involved operating
within the county. The jury reviews and evaluates procedures, methods and systems
utilized by government to determine whether more efficient and economical programs
may be employed. The grand is authorized to:
 Inspect and audit books, records and financial expenditures to ensure that
public funds are properly accounted and legally spent.
 Required to inquire into the conditions of jails and detention centres.
 Inquire into any charges of wilful misconduct in office by public officials or
employees.

Citizen Complaints: As part of the civil function, the grand jury receives letters from
citizens alleging mistreatment by officials, suspicions of misconduct or governmental
inefficiencies. Complaints received from citizens are acknowledged and investigated
for their validity. All complaints are kept confidential. If the situation warrants, and
corrective action is under the jurisdiction of the jury, appropriate action is taken.
Accusations: In addition to its oversight function, the Jury can consider allegations of
misconduct by public officials. The results of this accusation can lead to the trial and
removal of the public official from office.

Reporting: The Jury should prepare and issue a final report. All problems identified
in the final report are accompanied by suggested means for resolution, including
financial, where applicable. There may be interim reports that are released upon
completion. The investigation findings are contained in reports published at the end of
the Jury's term of service. Elected officials are required to respond in writing to the
Grand Jury's recommendations in the final report within 60 days, all others within 90
days.

Criminal Investigations: Occasionally and under certain circumstances, a special

Criminal Jury is selected to holds hearings to determine whether evidence presented
by the district attorney is of sufficient nature to warrant a person to stand trial in court.
A minimum of twelve jurors must vote for an indictment in any criminal proceedings.
The types of cases presented to the grand jury by the district attorney usually include:
 Cases involving public officials or employees.
 Cases involving police officers.
 Cases in which the statute of limitations is about to expire.
 White collar crimes, and
 Other cases the district attorney deems appropriate.

History of Jury

Literally a juror is a person who swears an oath. This reflects the early use of jurors:
they were there to swear an oath as to what they knew of a particular matter. The
King’s commissioners were instructed to make particular enquiries and to obtain the
answers to their questions on oath. However, the word ‘jury’ indicating a panel of
people giving a verdict on oath, came to mean in criminal cases one of two things:
either a ‘presenting’ jury which accused the defendant of having committed a crime
(this became called a Grand Jury) or a trial jury which actually decided the guilt or
innocence off the accused (this was called a Petty Jury). Grand Juries were abolished
in 1933 but had, for a long time, been merely formal. Petty juries still try more
important criminal cases. In civil cases the history of the jury has been somewhat
different.

There is much academic dispute as to where the jury system originated. Some,
including Richardson and Sayles, The Mediaeval Governance of England, believe the
jury to have been Anglo-Saxon in origin. Other, including Plucknett, A Concise
History of the Common Law, believes the jury originated as a prerogative procedure
of the Frankish Kings. Although Plucknett regards the history to be ‘settled’ this is
perhaps an optimistic view - many would say that there are strong arguments to
support either view.