Abstract:
The focus of this thesis is the derivation of the American jury system from the English jury of Henry II. To this end, a short history of English law and the history of the development of the English jury is given. The method of the English jury's development is used to show the evolution of the early American jury into the American jury of today.The American jury still resembles the English jury from which it evolved. The American system has a grand jury to indict criminals and a petit jury to try the case. The practice of taking an oath was begun by the English jurors and is still in practice in American today as well as the challenging of potential jurors for bias. The American system differs from the juries of old in its inability to determine matters of law and in its move away from unanimity in verdicts and the twelve-man jury.Some of the aspects of the historical English jury are still in use in the American jury system of today, but some differences have been created through case law and legislation. It will come to no surprise, however, that the most important characteristics of the historical English jury are still present in the American system today.
