FIRST
TRIP TO COURT: The judge would ask both sides
questions. If the judge felt there was enough evidence to have a
trial, a date would be set.
JURY
SELECTION: Juries were paid, not much, but they were
paid. To be on a jury, you had to be a citizen over age 30. Juries
were selected from volunteers. Some juries had as many as 500
people on them, to make sure the jury could not be bribed. (Nobody
could be sure of buying the silence of so many different people.)
Jurors had to swear that they would be fair and would listen to
both sides equally. Nobody was guilty until they were voted guilty
by the jury.
COURT
TRIAL:
-
PROSECUTION: The prosecution
presented its side first, including all witnesses. Witnesses
were not cross-examined.
-
DEFENSE: Once the prosecution
had their say, the defense had a chance to have theirs.
-
JURORS VOTED. Jurors did not
discuss the case (deliberate.) They voted. Majority ruled. If
less than 100 jurors voted guilty, the prosecutor (the person
bringing charges) had to pay all jury fees and court costs.
-
PUNISHMENT: If a person was
found guilty, there was one more step to take. Both could
suggest a punishment. Those were the only two punishment
choices that jurors could choose. The jury voted on which
punishment to accept.
Example: When
Socrates was tried, the prosecution’s suggested punishment was
death. Socrates suggested punishment was free meals for life. The
court gave him another chance to choose a punishment. Socrates
suggested his punishment be a cash fine of one piece of silver.
Socrates did not leave the jury a lot of choice. Out of the two
choices facing the jury – punishment by death or punishment by
payment of one piece of silver, the jury voted overwhelming for
death. If Socrates had suggested something more severe, the jury
probably would have voted for it.
Compare: A
quick look at
the trial by jury system in the USA today
Step
1: Jury Selection (voir dire), which means to speak the truth. 6
or 12 jurors selected.
Jurors are paid (around $10 per day plus mileage). Each
juror:
-
Must be a Citizen of the US
-
Must be 18 years of age or
older
-
Cannot be a convicted felon
Step
2: Opening statements by the attorneys
Step 3: Presentation of evidence (testimony)
Step 4: Jury Instructions given by the judge
Step 5: Closing arguments by the attorneys
Step 6: Jury deliberations in a private room
Step 7: Verdict of the jury given to the court
Example:
During the Unibomber trial in the USA, 600 people were called to
possibly be on the jury. 70 made it through the review by the
court officials - the judge and the attorneys. From those
remaining, 12 jurors were picked with 6 alternates in case someone
got sick.
Question:
Is the right to trial by jury a political issue?
Answer: No, it’s a question
of fundamental rights under both the U.S.
Constitution and individual US state constitutions.
Both state that trial by jury shall be available in all civil and
criminal trials.
In colonial days,
people were worried about judges being appointed by the British.
They were also worried about judges being appointed by the rich.
They were afraid they would not get a fair trial. The right to
jury trial, so that their peers would judge them, instead of an
appointed judge, was included in the Bill of Rights, to put these
worries to rest. Today, if you wanted, you could choose not
to have a jury decide your case. You could accept the decision of
a judge. But the right to trial by jury is the right of every
American citizen, and that right is protected under US law.
Court of Athens
American
Court System
Comparison
of the two systems - Athenian and American
Socrates