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  • Writer's picturePeter Serefine

The Power of a Jury: Safeguarding Justice through Common Law and Jury Nullification

Updated: Aug 6, 2023

The power of a jury is a cornerstone of the American legal system, deeply rooted in common law principles and cherished by our founding fathers. Juries play a vital role in ensuring justice and protecting individual liberties by not only determining the facts of a case but also serving as a safeguard against potential government overreach. This article explores the historical significance of juries, their role in evaluating both law and facts, and the concept of jury nullification as a powerful tool for upholding justice.

The Historical Roots of Jury Power in Common Law:


The historical origins of the power of a jury can be traced back to medieval England, where the concept of common law began to take shape. Common law, based on the customs and practices of the local communities, emphasized the importance of resolving disputes through the collective wisdom of ordinary citizens rather than relying solely on the dictates of rulers or monarchs.

During this time, disputes were settled through a process known as "trial by peers," where a group of individuals from the community, familiar with the circumstances and values of the locality, would serve as a jury. These early juries were not only tasked with determining the facts of the case but also with applying the customary laws and local norms to reach a fair and just resolution. The idea was that these jurors, drawn from the community where the events occurred, would better understand the context and intricacies of the case, making them more competent to deliver a just verdict.

As England's legal system developed, the practice of trial by jury became more formalized. The concept found recognition in the Magna Carta of 1215, which stipulated that no freeman shall be deprived of life, liberty, or property except by the lawful judgment of his peers or the law of the land. This acknowledgment of the right to a jury trial laid the foundation for future legal systems and shaped the American understanding of the role of juries in safeguarding individual liberties.

The Founding Fathers of the United States, drawing inspiration from English common law, firmly believed in the efficacy and importance of juries. They recognized that the inclusion of ordinary citizens in the administration of justice was essential to prevent abuses of government power and to ensure that the laws served the interests of the people. The right to trial by jury was enshrined in the Sixth and Seventh Amendments of the U.S. Constitution as a fundamental protection against tyranny and unjust prosecutions.

The historical significance of juries in common law extends beyond their role in civil and criminal trials. In addition to trial by jury, the use of grand juries, composed of citizens, became a crucial part of the criminal justice process. Grand juries review evidence presented by prosecutors to determine whether there is probable cause to proceed with criminal charges. This process acts as a check on prosecutorial discretion and safeguards individuals from baseless or politically motivated prosecutions.

The power of a jury is deeply rooted in the historical development of common law, reflecting a centuries-old tradition of involving ordinary citizens in the process of justice. By drawing upon community knowledge, values, and fairness, juries serve as a bulwark against arbitrary exercises of power, ensuring that the administration of justice remains firmly grounded in the will and wisdom of the people it serves.


The Importance of Juries to Our Founding Fathers:


The founding fathers of the United States deeply valued the institution of the jury and recognized its pivotal role in safeguarding individual liberties and limiting government power. Several key reasons highlight the importance of juries to our founding fathers and their vision of a just and free society:


  • The People’s Law: Juries were seen as an embodiment of the people’s will and an essential component of self-governance. By granting juries the power to decide cases, the founding fathers ensured that justice would be administered by one’s peers—fellow citizens who understood the local customs, norms, and values of the community. This approach provided a democratic underpinning to the legal system, making it more accountable to the people it served.

  • Preservation of Individual Rights: The founding fathers believed that juries played a crucial role in protecting individual rights from government encroachment. A jury's ability to nullify unjust laws or unjust applications of the law was seen as a powerful tool for safeguarding individual liberties. This concept empowered jurors to not merely assess guilt or innocence but also to act as conscience keepers of the community, ensuring that laws served the interests of justice and the common good.

  • Defenders of Due Process: Due process of law, rooted in the Magna Carta and English common law, was a foundational principle for the founding fathers. Juries were seen as essential guardians of due process, ensuring that individuals accused of crimes would receive a fair trial, including the right to confront their accusers, present a defense, and be judged by impartial peers.

  • Preventing Oppression: The right to trial by jury was viewed as a safeguard against oppressive government actions, such as malicious prosecutions and political persecutions. By providing an impartial tribunal, juries were seen as a refuge for individuals facing unjust charges or punitive measures.

The founding fathers of the United States considered the institution of the jury to be fundamental to the preservation of individual liberties and the prevention of government abuse. The jury system embodied their vision of a participatory democracy, where ordinary citizens had the power to shape the administration of justice and protect individual rights. By understanding the historical significance of juries in the context of the founding era, we can appreciate their enduring importance in our legal system and their role as defenders of liberty and the rule of law.

Jury Nullification: Empowering Citizens to Judge Both Law and Facts

Jury nullification is a concept that goes beyond the traditional role of a jury in assessing the facts of a case; it allows jurors to render a verdict based on their conscience, even if it means disregarding the specific instructions of the law. This power, often described as "the jury's right to judge the law," has deep historical roots and serves as a critical mechanism for safeguarding justice and protecting individual liberties.


Jury nullification, the jury's right to judge both law and facts, is a powerful and controversial aspect of the American legal system. Rooted in history and cherished by the founding fathers, this concept empowers citizens to play a pivotal role in upholding justice and protecting individual freedoms. While jury nullification can serve as a crucial check on government power and unjust laws, its use requires prudence, wisdom, and a deep understanding of the broader implications of the verdict. As citizens, recognizing and appreciating the potential of jury nullification allows us to embrace our responsibility in ensuring a just and equitable society.

The power of a jury is an indispensable aspect of our legal system, firmly grounded in common law and cherished by our founding fathers. Juries serve as the embodiment of community values and provide a vital safeguard against potential abuses of government power. Through their right to jury nullification and the authority to judge both law and facts, juries remain a bulwark of liberty and justice. As citizens, understanding and embracing the power of a jury empowers us to uphold the principles upon which our nation was founded and to protect the individual freedoms that define the American experience.


You can learn much more detail about this topic in The Duty of the Jury course in the Liberty Lighthouse Classroom.



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