188 – Why is Jury Duty so Important?

After all my recent articles dealing with current events, I thought it would be nice to take some time and discuss something different. It is said that you aren’t tried by a jury of your peers, but by twelve people who couldn’t get out of jury duty. Why do Americans hold such an important duty in such low regard? Let’s take a look at why jury duty is so important.

I know, jury duty is inconvenient. You have to take time away from work or family, spend your day (or days) in a crowded room, and sit in judgement of another human being. Is it any wonder there’s a virtual market on creative methods to get out of it? As people come up with new and inventive ways of avoiding jury duty, governments pass laws to try to stop them. Not only is the trial itself an adversarial process, but the process of impaneling the jury is as well, but have you ever stopped to think just how important the right to trial by jury is?

JU’RY, noun [Latin juro, to swear.] A number of freeholders, selected in the manner prescribed by law, empaneled and sworn to inquire into and try any matter of fact, and to declare the truth on the evidence given them in the case.

Webster’s 1828 Dictionary

When you are called to serve on a jury, you are part of a group trying to determine the facts and truthfulness of evidence presented in a case. While it’s the job of the prosecution to prove their case, and the defense to disprove it, your job is to weigh the facts and evidence presented to you. Together, you and the other members of the jury literally have the future of the defendant in your hands. If that’s not enough for you to stand up and do your duty with all the effort and skills you have, think about this: There may be a day when you are the one on trial and when your future is in the hands of a jury. Before you think to yourself that you are no criminal, recent studies claim that every American commits, on average, three federal felonies a day. Do you want your future determined by a group of people earnestly seeking justice, or just twelve people with nothing better to do?

Grand Juries

There are two types of juries in the American system, and they serve two very different purposes.

Grand juries consist usually of twenty four freeholders at least, and are summoned to try matters alleged in indictments.

Webster’s 1828 Dictionary

So if you’re called to serve on a grand jury, you’re trying the matters alleged in an indictment.

INDICTMENT, noun indi’tement. A written accusation or formal charge of a crime or misdemeanor, preferred by a grand jury under oath to a court.

Webster’s 1828 Dictionary

That means the state has come to the people, in the form of the grand jury, to test the evidence of a charge before the accused is taken to trial. That means the people decide if the state has sufficient evidence for the charges against someone to go to trial. According to the Fifth Amendment to the U.S. Constitution, this process is necessary before someone can be charged with an “infamous crime”, outside of the military.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; 

U.S. Constitution, Amendment V

While the use of the terms “crime”, “misdemeanor”, and “trespass” have morphed over the years, when our Founding Fathers wrote the Constitution, they had a specific set of meanings.

a crime denotes an offense, or violation of public law, of a deeper and more atrocious nature; a public wrong; or a violation of the commands of God, and the offenses against the laws made to preserve the public rights; as treason, murder, robbery, theft, arson, etc. The minor wrongs committed against individuals or private rights, are denominated trespasses, and the minor wrongs against public rights are called misdemeanors. Crimes and misdemeanors are punishable by indictment, information or public prosecution; trespasses or private injuries, at the suit of the individuals injured.

Webster’s 1828 Dictionary

Today we think of “criminal” and “civil” court cases, while criminal cases are further divided into “felonies” and “misdemeanors”. When our Constitution was written, the term “crime” meant a serious offense of public or natural law, or those laws made to preserve the rights of others. Minor offenses against the public were called “misdemeanors” while those against individuals or the private rights of others were called “trespasses”. All of this is important because the U.S. Constitution only requires a grand jury for an indictment of an “infamous crime”. Rightly or wrongly, today an infamous crime is referred to as a felony.

Now think about the saying, “A good prosecutor can get a grand jury to indict a ham sandwich.” Are the American people really so ignorant or naive that a decent prosecutor can get them to indict just about anyone on just about anything? Sure, an indictment is not a conviction, but there is a serious cost to it. You must retain legal counsel, pay for evidence to be collected, retain expert witnesses, not to mention losing time away from work and family. If you cannot afford this expense, you’re at the mercy of a government employee just doing a job. Imagine yourself in that situation, and ask how important it is that a grand jury take its duty seriously? You are not just punching a clock and killing time, you are there to seek justice both for the accused and the accuser. If the American people cannot be bothered to fulfill this duty, then that part of the American legal system becomes a kangaroo court, where government can indict anyone they want… even a ham sandwich.

Petty Juries

Petty juries, consisting usually of twelve men, attend courts to try matters of fact in civil causes, and to decide both the law and the fact in criminal prosecutions. The decision of a petty jury is called a verdict.

Webster’s 1828 Dictionary

Civil Trials

Petty juries are called to serve in two different types of cases, civil and criminal. If we remember the quote from Webster’s Dictionary on crime, “trespasses or private injuries, [are punishable] at the suit of the individuals injured” or by civil trials. In a civil trial, an individual or group is petitioning the court, as part of the government, for a redress of some grievance done to them. Civil cases are supposed to be between citizens alone.

CIVIL, adjective Relating to the community, or to the policy and government of the citizens and subjects of a state; as in the phrases, civil rights, civil government, civil privileges, civil war, civil justice. It is opposed to criminal; as a civil suit, a suit between citizens alone; whereas a criminal process is between the state and a citizen.

Webster’s 1828 Dictionary – Highlights added

The fact that the governments sue in civil courts for violations of public laws is a topic for another day. The general idea is when a trespass or private injury occurs, the injured party can petition the court to try the case. And according to the Seventh Amendment, you almost always have a right to have your civil case tried by a jury.

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved

U.S. Constitution, Amendment VII

I say almost always because though it is possible to sue someone for a grievance worth less than $20, financially it doesn’t make much sense. There is also one other thing to notice, which is that the scope of a petty jury in a civil case is limited to the facts of the case. I believe this is because, at the time, civil cases dealt with natural law rather than those passed by governments. Since the laws of nature and of nature’s God are supposed to be beyond the review of man, no earthly jury has the authority to try them.

Criminal Trials

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,

U.S. Constitution, Amendment VI

If the government charges you with a crime, you have the right not only to a speedy and public trial, but one by an impartial jury. In other words, the state cannot be both judge and jury; you have a right to be judged not by the person sitting high on the court, but by the regular citizens of the state and district where the alleged crime occurred. If we remember the role of jury defined by Noah Webster, we see just how much power such a jury has.

and to decide both the law and the fact in criminal prosecutions..

Webster’s 1828 Dictionary

Juries in criminal trials are to decide both the law and the facts of the case before them. If you’ve served on a jury in a criminal case, no doubt the judge has told you that he or she is to judge the law, while you, as a member of the jury, are to judge the facts. As we now see, that is a lie. Juries are to decide both the law and the facts in criminal prosecutions. Why is that?

Remember, We the People created the states, and through them, established the federal government, each via their own Constitution. The Supremacy Clause states:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

U.S. Constitution, Article VI, Clause 2

So, what happens if a judge in a case violates the Constitution of the United States? What if the prosecutor, who works either for the state or local government, violates the supreme law of the land? What if a legislature does? What is the ultimate check on bad government? It’s the everyday people of a jury.

We’ve seen numerous examples of illegal laws and regulations passing the legislatures of both the United States and the several states. We’ve seen judges ignore their oaths and uphold these illegal laws. We’ve also seen judges supplant the laws of the land with their own opinions, euphemistically called “case law”. What are the people to do? Among other things, serve on juries. If you are serving on a jury and see an unjust prosecution, maybe the law is truly unjust, or the law is just but being applied in an unjust manner, you have the duty to nullify the law in the case before you and vote for justice. You cannot be held liable for your decision on a jury. In fact, you have the right to vote anonymously on a jury. And guess what? If the judge doesn’t like the jury’s verdict, there is nothing he or she can do about it.

and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

U.S. Constitution, Amendment VII

Conclusion

While jury duty is an inconvenience, it pales in comparison to the duty we have as citizens to seek justice for our neighbors and to be a check on our own governments. As with so many other aspects of citizenship, the American people have lulled themselves into complacency and, through ignorance, have been derelict in their duties. It is time We the People return to our role of sovereign in this country. That includes more than just being engaged and choosing better people to act as public servants, it also means taking the solemn duty of serving on a jury seriously. You’re not only determining the future of the individuals in the case, but helping set the course that our nation will take. Will you help point us toward justice, freedom, and liberty, or will you continue to set a course towards tyranny and despotism?