TO BRING CHARGES AGAINST SOMEONE: There was no public prosecutor. Anybody could start a trial. Here’s how it worked:
 

Tell the person. You had to have witnesses. If you wanted to start a trial, you could go to someone’s house, bring along some witnesses, tell the person involved the charges you were bringing. Then, you had to give them a date and a time to appear in court where they would then have a chance to defend themselves.


Post a written notice. You had to write down all the information – the person’s name, your name, the charges, and the date when and location where you are going to trial – and post it near the courthouse.

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.