The Concept of a Trial by a Jury Essay Example | Topics and Well Written Essays - 1000 words

The Concept of a Trial by a Jury - Essay Example In the early case of William Penn and William Mead in 1670, this concept was challenged. William Penn and William Mead had been arrested, charged and tried at the Old Bailey for â€Å"tumultuous assembly† on a Sunday afternoon in London. (Randle, 2001) The jury had refused to convict and the judge in response had ordered the jury sequestered without food or drink or â€Å"so much as a chamber pot, though desired.† (Randle, 2001) Despite this kind of pressure the jurors continued to hold out with the result that they were fined and imprisoned. (Randle, 2001) A juror applied for a writ of habeas corpus and a judge of the King’s Bench ruled that no jury could be penalized for its verdict. (Knight, 1881, 211) Penn and Mead’s trial reflected some of the limitations and constraints on the fundamental concept of a fair and impartial jury as envisaged by the Magna Carta’s mandate for a trial by a jury of one’s peers. If a judge could put pressure on a jury or sanction the jury if it did not decide a case one way, there was no barrier between the government and the ordinary citizen. It is a fundamental concept of jury trials that the individual on trial is judged by the ordinary citizen. It was during the time of Penn’s trial that the American jury system began to establish itself as a protective barrier between the government and the accused man. (American Bar Association) This was particularly popular at a time when Americans regarded British laws as too harsh. In the final analysis, the perpetuation of such a jury is inconsistent with an element of fairness to both the accused and the victim which is an extension of the community at large. Modern jury selection techniques in America today ensure that both sides are well represented by the jury panel. The underlying goal is the selection of a panel that is impartial to both sides. For instance,   the common practice today is for the selection of jurors based on an assessment of their ability to determine the facts and issues objectively,   as opposed to partially or in favour of one side over another.  Ã‚