The Historical and Constitutional Contexts of Jury Reform

This article examines the evolution of the jury from its origins in England through its transportation to America. The article compares and contrasts the various historical models of the jury with the modern American jury. Although much has been written concerning the historicaldevelopment of the English jury, surprisingly little has been written about the historical development of the American jury. In particular, the article concludes that consideration of historical practices in America may serve as a useful guide to future reform of the jury system as well as to the constitutional constraints that may be imposed on reform of jury procedures. The article further concludes that several modifications could be made in the strucuture and function of the American jury in criminal and civil trials in order to enhance the jury's ability to discover thetruth and deliver justice without running afoul of constitutional constraints.