The Jury: Composition and Selection

  • Hans Zeisel
  • David Kaye
Part of the Statistics for Social Science and Public Policy book series (SSBS)

Abstract

Trial by jury, born in ancient Greece and reborn a thousand years later among the Germanic tribes, eventually grew strong roots in the British Isles.1 The American jury began its life as England’s jury at common law in the American colonies. After the American emancipation, the Fourth and Sixth Amendments to the Constitution became the legal anchors for the civil and the criminal jury. Through the centuries that have since elapsed, trial by jury has remained one of the hardiest institutions of our judicial system.2 This development is the more remarkable because the jury in the rest of the world either never existed, or has been sharply reduced. In the aftermath of the French Revolution, the English criminal jury moved to the European continent, first to France, and from there in steps almost over the whole of Europe, eventually even into the Russian Empire.3 Dimitry Karamasov, we may recall, was tried and convicted by a jury. Today the criminal jury, as a separate body of lay judges, survives on the European continent only in Belgium and Austria.

Keywords

Europe Assure Posit Defend Weinstein 

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Bibliography

  1. Jeffrey Abramson, We, the Jury: The Jury System and the Ideal of Democracy (1994)Google Scholar
  2. Hiroshi Fukurai, Edgar Butler, & Richard Krooth, Race and the Jury: Racial Disenfranchisement and the Search for Justice (1993)Google Scholar
  3. James J. Gobert & Walter E. Jordan, Jury Selection: The Law, Art, and Science of Selecting a Jury (rev. ed. 1990)Google Scholar
  4. V. Hale Starr & Mark McCormick, Jury Selection: An Attorney’s Guide to Jury Law and Methods (1993)Google Scholar

Copyright information

© Springer Science+Business Media New York 1997

Authors and Affiliations

  • Hans Zeisel
  • David Kaye
    • 1
  1. 1.College of LawArizona State UniversityTempeUSA

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