Duncan v. Louisiana - Background Amendments And The History Of Trial By Jury

Trial by jury has a long history not only in the United States, but also in England where references appear as far back as the Magna Carta (1215), a charter of rights for English subjects. English colonists transplanted the custom to the United States, where it received robust support. The First Congress of the American Colonies held on 19 October 1765 "[t]hat trial by jury is the inherent and invaluable right of every British subject in these colonies." In addition, the Declaration of Independence protested against the king's wish to make judges decide cases based on the crown's will alone, not allowing trials by jury. Hence, when drafting the Constitution, the authors guaranteed this right for all federal trials in the Sixth Amendment. Later, the Fourteenth Amendment granted this right to citizens in all state trials, according to some scholars and justices.