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Early English System

Trial by a jury of impartial citizens was not always the case in Anglo-Saxon justice. The early English system was a jury of witnesses. People from the vicinity of the crime testified before the court about the action of the accused person. After hearing the evidence, the same witnesses decided the verdict.

However, on June 15, 1215, the Magna Carta provided that,"no free man shall be taken or imprisoned or outlawed or exiled or in anywise destroyed, save by the lawful judgment of his peers."

This important right was carried to America by the settlers and has survived over 200 years through the many harsh and changing periods of our nation. This right is guaranteed by our Federal Constitution as well as by our State Constitution.

Trial by jury is reaffirmed no less than three times in the United States Constitution. One example is the 6th Amendment which states,"the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed."

 

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