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Trial Jury Reform

Juries decide because judges can't be trusted

Charles Pratt, 1st Earl of Camden (1713-1794) was the leader of the school of English jurisprudence that emphasized a strong jury role in judging the law, in opposition to William Murray, 1st Earl of Mansfield, who advocated a restricted role for the jury. Most of the American Founders were followers of Camden.

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Trial Jury Reform Movement

The jury system was made part of our Constitution because the Founders did not trust judges, but ever since the Constitution was adopted, there has been a struggle between judges and juries, with judges trying to confine juries to deciding the "facts" in a case, leaving the judges to decide the "law". In most criminal cases today, the constitutional and legal issues are not argued in the presence of the jury, and the jury does not get to read the legal briefs filed in the case.

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