Reconsidering the right to trial by jury

Thomas Jefferson once wrote, “I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution.” 

Yet the words “jury duty” send some people into a search for justifications to get out of it.  

Being asked to serve on a jury means being asked to play an essential role in one of the most important parts of our constitutional system. Most people will never serve in the legislature and, even fewer will be elected governor. But jury duty offers citizens a rare opportunity to participate directly in our government. 

Hon. George H. Boldt went so far as to write, “Jury service honorably performed is as important in the defense of our country, its Constitution and laws, and the ideals and standards for which they stand, as the service that is rendered by the soldier on the field of battle in time of war.” 

It is undeniable that trial by jury mattered greatly to the individuals who created our nation and system of government. Trial by jury is the only right that appears in the Declaration of Independence, in the original Constitution, and in the Bill of Rights. Thomas Jefferson identified the king’s rejection of trial by jury as one of the “long train of abuses” listed in the Declaration of Independence as justification to split from England. In Article III of the Constitution, the Framers specified that “the trial of all crimes, except in cases of impeachment, shall be by jury.” 

The Sixth Amendment states that, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury.” The Seventh Amendment provides that, “In suits at common law, where the value in controversy shall exceed 20 dollars, the right of trial by jury shall be preserved.” The right to trial by jury was featured prominently in some of our most vital original governing documents.  

Perhaps this was the point that Boldt was trying to make. It is frequently said that those in the armed services are fighting for the protection and preservation of our rights. While admittedly those who serve as jurors are not putting their lives at risk, they too are providing a service that functions to strengthen one of our most important rights.