Jury History of Magna Carta | Law Assignment

Added on - 21 Apr 2020

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Running head: LAWLawName of the StudentName of the UniversityAuthor Note
1LAW1. JuryHistory of Magna Carta 1215The Magna Carta is considered as one of the important legal documents in the history ofthe British. It is considered as the most important constitutional document of all time. TheMagna Carta which was known as Magna Carta Libertium is said to be originally drafted inLatin.There was a rebellion by baron in the year 1215 due to number of incidents such as theunpopularity with the subjects due to increase in taxes and due to his failed attempts to regain theempire that he lost in Northern France.Though this type of rebel was not uncommon but this time the baron did not have asuccessor who can claim the throne. As Prince Arthur was missing so the only alternative in thatsituation was Prince Louis from France who had a weak link as a husband to John's niece madehim unpopular for the throne.So in this regard Baron was not happy with the rule that John who according to them wasnot adhering to the Charter of liberties. The Charter was formulated by John's ancestors Henry Iduring his rule in the year 1100 which bonded the king with laws in regard to the treatment of thechurch official and noble men1.1Law, Tricia Harris. "Trial by jury: has the lamp lost its glow?."Diffusion-The UCLan Journalof Undergraduate Research3.2 (2015).
2LAWBaron forcefully entered the Court of law with the help of Prince Louis and King Alexander IIafter six months of failed negotiations. They entered the court on June 10, 1215. The king wasforced to rely in order to formulate a document which mentions new laws which got enactedfrom the date 15th July was known as the first version of Magna Carta2.Role of the JuryThe Jury are considered as the esteem member of the court who are responsible fordeciding after analysing all the facts that whether a person is guilty or not of the offence that theperson is charged with. The jury goes through the evidence to analyse the case and come to aconclusion.Jurors are chosen on random based on the electoral list of the local area. Any person whoover the age of eighteen and is under the age of seventy is eligible to become a jury. If a personis living in UK for the past five years, in that case the person is eligible for jury selection3.Certain people are disqualified are as follows:People having mental disordersPeople on bail for a criminal offencePeople who have received a sentence of life imprisonmentPeople who have finished (within the last 10 years) a prison sentence or CommunityOrder2Lerner, Renee Lettow. "The Troublesome Inheritance of Americans in Magna Carta and Trialby Jury."Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds.,Cambridge University Press 2015)(2016).3Cockburn, James Swanston, and Thomas A. Green, eds.Twelve good men and true: thecriminal trial jury in England, 1200-1800. Princeton University Press, 2014.
3LAWAlso, the Judge can determine that an individual who is ‘not capable of acting as a juror’can be discharged (for example – they can’t speak English).A jury has twelve members. They are chosen in random basis more than twelve people willbe brought to court then their names will be written by the court official and their names will bechosen on random basis. If a juror knows anyone who is involved in the case, in that case thejuror has to mention that the case in the juror cannot be a member of that case. As the selectionprocess ends then each and every jury members will be sworn on their holy book.Relationship between Jury and JudgeIn case of the Crown Court in England and Wales where the cases that are being dealt arevery serious in nature, so in this regard the judges manage the trial and maintain the law, whereasthe jury evaluates the evidence and decides whether a person is guilty or innocent4.Importance of Jury SystemThe members of the jury before would act as a witness to provide information regardinglocal affairs but later on it evolved where they are empowered with greater roles. Now-a-days thejury evaluates the evidences that are being produced in the court and on basis of their evaluationcome to a conclusion. Their roles have become very important as they play a major role infunctioning of the legal system.4Hans, Valerie P., et al. "The Death Penalty: Should the Judge or the Jury Decide WhoDies?."Journal of Empirical Legal Studies12.1 (2015): 70-99.
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