Right to Trial by Jury

¶ … Right to Trial by Jury

The right to a trial by jury is one of those rights that most Americans simply do not consider. After all, the vast majority of Americans never face civil or criminal court proceedings. Moreover, those that are involved in the court system frequently ignore their right to a jury trial, allowing a judge to render judgment for them. In fact, in the modern justice system, exercising one's right to a trial by jury can be such a time-consuming proposition that, while it is a right, it is one that many people are simply willing to forego in exchange for expedience. For example, a person accused of a routine traffic violation may have the ability to seek a jury trial, but the time and effort involved in doing so frequently requires more of the person than simply paying a fine or seeking deferred adjudication from a judge would require.

Furthermore, many people have begun to question the notion of whether a jury of one's peers is really the guarantee against governmental misconduct it was once believed to be. As criminal and civil laws grow increasingly more complex, it can be difficult to assemble a jury with adequate knowledge of those laws. Therefore, a significant amount of time and effort is spent during a trial educating jury members about the issue at stake.

he Importance of Our Right to Trial by Jury

A "Jury" is defined as "A group of persons selected according to law and given the power to decide questions of fact and return a verdict in the case submitted to them." Black's Law Dictionary (8th ed. 2004). In Florida, the jury is composed of six jurors, twelve in a criminal capital (death penalty) case. The jurors meet and deliberate in secret where they are not subject to interference by government or private influence. In civil matters, the right to a jury trial similarly guarantees our rights to keep big corporations, lobbyists, and special interests in check. The jury is a small number of individuals united together in search of truth and justice, not in search of what is popular or powerful.

The debate over the importance of the right to a jury trial began as a constitutional discussion over the rights of the individual vs. The rights of the sovereign. Tyranny was always a concern of the Founding Fathers and political philosophers of the age. In 1789, Thomas Jefferson wrote: "I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution." The right to trial was created to protect the individual citizen from the strength and power of the government and to prevent potential influence upon the judiciary by special interests. In protecting individuals, the right to jury trial protects all of the citizenry.

The Sixth Amendment of the U.S. Constitution reads: "In all criminal prosecutions, 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, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense ." While the right to a jury trial is guaranteed by the United States Constitution in criminal prosecutions, in Florida, the right to trial by jury in most civil cases is guaranteed by the Florida Constitution. Article I, Section 22 of the Florida Constitution reads: "The right of trial by jury shall be secure to all and remain inviolate. The qualifications and number of jurors, not fewer than six, shall be fixed by law."