Jury trial safeguards defendants against corrupt prosecutors and biased judges

Evidence

Trial by jury allows ordinary citizens to participate in the administration of justice and thus acts as a barrier against governmental tyranny. As Justice Byron White noted in Duncan v. Louisiana, “Providing an accused with the right to be tried by a jury of his peers gives him an inestimable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge.”? The Sixth Amendment to the U.S. Constitutions secures the right to trial by jury in federal criminal cases, and the Seventh Amendment secures that right in civil cases when more than $20 is at stake. In 1968, the Supreme Court ruled that defendants in state court also have a federal constitutional right to a jury trial in most criminal cases. — G. Alan Tarr, Judicial Process and Judicial…, 1292

Categorization

  • XREF: Links Duncan v. Louisiana (1968) and the incorporation doctrine to judicial-structure material in the course. — connects to: Public scrutiny of trials protects against government abuse of defendants — G. Alan Tarr, Judicial Process and Judicial…, 1293; Jury verdicts can convict the innocent when racial bias dominates — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 34; Judge behavior can falsely appear biased when prosecutors treat defendants unequally. (+14 more)

Broader Connections