history of the ancient and modern jury systems

Ancient Greeks had the very first judicial system. Roughly 500 men would gather to hear the litigation and give their opinions of the case. If the trial was a big deal or significant decisions were to be made, it was common for 1,000-1,500 people to attend. With a crowd that huge everybody did not have to agree. However the people did not have a good way to resolve a matter. This caused a very unstable government. The Romans picked up on the Greeks' practice and improved the court system. Roman common law was the basis of their legal system. A ten-man board of nobles were chosen to uphold and carryout the judgements. The formalities were not nearly as strict as they are in today's courtroom, but the basic structure had been laid.

The Romans then influenced the english people. Most of the customs stayed the same, but where the process of defense and accusation became more prominent. When evidence was asked for, it was the responsibility of the defendant or the prosecutor to provide such verification. Today's prosecutors and attorneys gather the witnesses and facts about a given case. This is one of the most important issues where the modern American court system is divergent from the ancient english legal system.

In America, the course of action taken when a person is accused of a crime is called Trial by Jury. A Trial is the process of examination by which a judge or jury decides if a malefactor is guilty or innocent. A jury is a group of people selected from the community who sit and listen to a lawsuit. This group of people has to be impartial to both sides and, in accordance with the US Constitution, the jury can be made up of 1-12 people. Under certain circumstances, the accused may ask for a trial by judge (no jury is present and the jugde decides the case), which, in most cases, is honored. Before the trial begins the people of the jury swear to be unbiased and truthful in the proceeding legal affairs. In the United States of America all felons "shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall be committed." Undivided in opinion, the vote of the jury must be unanimous, or a "hung jury" is called and a new group of jurors must hear and respond to the lawsuit.