Essay On Trial By Jury

The idea of trial by jury, like many American philosophies, developed during the Enlightenment era. It was incorporated into the constitution by the seventh amendment, outlining court and legal procedures, along with the fifth, sixth, and eighth. It states that the right to a trial by jury shall be preserved, and any trial without a jury will be examined by the supreme court, than the rules of the common law. It is a fundamental part of the United States legal system, because it means that the court system cannot send innocent people to jail, without first giving them a chance to defend themselves. This specific amendment has helped build much of our legal system, including lawyers and attorneys, who help defend people in court. In pre-enlightenment Europe, the monarchy and nobles had the power to do whatever they pleased. This included imprisoning and executing whoever they pleased, without and trial or question as to what that individual did wrong. This meant people who the king simply did not like could be hanged or beheaded without having committed any crime at all. The most famous example of this would be Henry VIII who beheaded several of his wives for not producing a son, which was needed to become the heir to the throne. However, during the enlightenment, the idea that …show more content…
Government officials would be able to convict whomever they pleased, without any sort of trial or questioning about their reasons. It would be much like medieval Europe, where the common people had little power to defend themselves against those in ranked higher on the social ladder. Prisons would be full of innocent individuals who were unable to defend themselves in court, while the elite would go unquestioned about their corrupt ways. Having a court system that includes mandatory trial by jury is essential to protect the American values of freedom and democracy, as well as accused individuals who may be