by Richard G. Lanzara

Created on: March 18, 2009

In any democracy, there are the obvious core values such as fair and free elections and the balance of powers between the executive, legislative and judicial branches of government ( http://en.wikipedia.org/wiki/Democracy ), but one that must be considered as a basic foundation of any modern democracy is the concept of a trial by a jury of one's peers. Unfortunately, this is often missing in many countries striving toward democracy today and may be one essential reason why they often fail.

This concept has gradually evolved over many hundreds of years to become our modern jury system. The fundamental idea that anyone charged with a crime should receive a trial with the presumption that they are innocent until proven guilty is a cornerstone of our current democracy. The Greeks in the city-state of Athens, introduced a system that engaged citizens of high rank to review laws and try people such as Socrates (as the saying goes, democracy and the jury system aren't perfect, but they are the best that we have). And yes, the innocent are sometimes unjustly convicted.

The basic concept evolved and became codified into law over hundreds of years through the English system of common law that also includes the idea of a trial by jury ( http://en.wikipedia.org/wiki/English_Common_Law ). In the days of the Anglo-Saxon kings, the courts of justice originated and developed the custom of trial by jury. In 1154, Henry II created a unified system of common law including a jury system that required citizens to swear an oath to investigate reliable accusations or claims.

Later, in 1215, the English established the idea that even the king could be subject to the rule of law through the Magna Carter ( http://en.wikipedia.org/wiki/Magna_Carta ). These historic steps led even the common people to expect a fair hearing in a judicial court of law in order to resolve their differences, which was an infinitely more sensible step than the alternatives. Democracy, and higher civilization in general, requires that people have some recourse when they are wronged. It has taken many centuries to advance civilization to this stage where we give everyone a chance at a fair trial and all that that includes such as the right of habeus corpus ( http://en.wikipedia.org/wiki/Habeas_corpus_in_the_Un ited_States ).

In our own history, as the thirteen colonies of the British, we suffered the indignities of British oppression without recourse to a suitable judicial system. This was a crucial mistake made by the British. Anywhere in the world where there is oppression with no possibility of a fair trial, then resentment and rebellion will start.

Although many complain about the jury system today, we should be thankful that we have such recourse to obtain something that approximates impartial justice. Jury Duty is one of the most important obligations that we do as citizens. The history of jury trials and the rule of law is not often appreciated for its contribution to our fundamental rights and obligations that sustain our highest democratic ideals. The world would be a far far better place if this core system was present in all democracies and all countries of the world.

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