The Common Law

The evolution of the jury system brought about immense change to the legal system throughout Europe. It aided in giving the legal system structure by bringing a balance of justice in governance by the State paired with governance by individual citizens. It allowed for new and more effective procedures to take place. It also allowed for new court systems to emerge in order to dictate the law more effectively. The jury system, encompassing groups of local citizens, gave way to so many changes within the legal system that eventually led to the democratic legal system that is so widely used today. Therefore, I do believe that the jury system helped legal progress as opposed to hindering it.

The jury aided in the progression of the legal system by bringing a balance of justice and structure to the European court systems. As the European legal system emerged on the basis of preserving peace and maintaining justice, the jury evolved at the outset of the thirteenth century. The jury system was formulated from the idea of the modes of proof that stemmed from the writ systems implemented by the king. A writ is an executive order issued by the king directed or addressed to an individual ordering them to undo a wrong alleged against them by the complainant. The writ system is the origin of common law. It is also the way that the mode of proof evolved in which jury systems were born. Asserted by King Henry II the Assize of Claredon was formed. The Assize of Claredon instituted the presentment system which was the jury of accusation. The jury was said to present its accusations. At this time the jury was comprised of individuals summed from the hundreds courts and the "vill" or townships. These individuals were not law trained professionals but they were known to have legal knowledge and the ability to find out about local matters. This system led the way for jury based criminal procedure and the jury system being applied in other emerging court systems.

This brought about immense change in the legal system in that the power to determine whether the accused individual was guilty or not laid not only in the hands of the justices or the king, it was a responsibility that was partially delegated to the jury. This brought a balance and structure to the legal system. It was up to the jury to find out what the facts of the accusation were and the justices would apply the law. It was a partnership between the citizens and the state. If the law is supposed to work in the best interest of its citizens then it would follow that it is necessary for the citizens to be involved. As the legal system moved from having the responsibility lie solely on the decision of the justices and the kings to allowing the participation of citizens with legal knowledge, it illustrated progress within the legal system. Thus, the evolution of the jury system aided the progress of the legal system opposed to hindering it.

The jury system also allowed for new and more effective legal procedures to form. After the formation of the jury system legal officials thought of more effective ways to utilize the juries in order to have a more effectively rule in court cases. New and innovative procedures such jury inquiry, which was the questioning of the jury in order to determine who would sit on a jury for a particular case. This method was used in jury selection. There was also a shift what juries set out to determine. The primary purpose of the jury of accusation was to determine whether the individual should be accused. Later, trial juries were made to determine whether to convict these accused individuals. The responsibility of the jury system gained a greater meaning as new court systems evolved such as in the Eyre court system. In the Eyre court system the jury moved from presentment (oral accusations) to indictment (detailed written accusations) and later to the development of the Grand Jury system. The Grand Jury system gave juries a heightened sense of responsibility in that it was much larger than normal juries of the hundred and it was called in order to bring charges against powerful offenders who may have been able to intimidate local juries.

This jury was comprised of those who alleged the crimes took place (victims), family members, and friends. Constables were also on these kinds of juries; this was done because of their involvement in the pretrial process. This move of the jury from an oral form of accusation to a more detailed written form of accusation led to the procedure of the court to become more concrete because it was in written form. At this time bills of indictment were developed and subpoenas, to summons those accused to court, were utilized. There was more of a formality to the legal system, thus, the jury system aided in the progress not the hindrance of the legal system.

The jury system allowed for new court systems to emerge. The jury system did have its issues, such as corruption and misinformation but