JUROR (Lat. juro, to swear). A man who is sworn or affirmed to serve on a jury.
JURY (Lat. jurata, sworn). In Prac tice. A body of men who are sworn to de clare the facts of a case as are delivered from the evidence placed before them.
The origin of this venerable institution of the common law is lost in the obscurity of the middle ages. Antiquarians trace it bank to an early period of English history; but, if known to the Saxons, it must have existed in a very erode form, and may have been derived to them from the mode of ad ministerinu justice by the opera of litivent nnriian praotised by the Anglo-Saxons to test the innocence of a party accused of crime, gradually gave way to the wager of battle, in the days of the Normans ; while this latter mode of trial disappeared in civil eases in the thirteenth century, when Henry II. in troduced into the assizes a trial by jury. It is reforred to in Magna Charta ss an institution existing in England at that time ; and its subsequent history is well known. See GUAND ASSIZE; 3 Blackstone, Comm. 349 ; 1 Reeve, Hist. Eng. Law, 23, 84; c. 9 ; Bracton, 155.
Trial by jury is guaranteed by the constitution of the United States in all criminal cases except upon impeachments, and in all suits at common law where the subject-matter of the eontroversy exoeeds twenty dollars in value. The right to such a trial is also asserted in many of our state constitutions.
A common jury is one drawn in the usual and regular manner.
A grand jury is a body organized for cer tain preliminary purposes.
A jury de medietate linguce is one composed half of aliens and half of denizens.
Such juries might formerly be claimed, both in eivil and criminal cases, where the party claiming the privilege was an alien born, by virtue of 28 Edw. III. c. 13. And see 8 Hen. VI. c. 29; 3 Geo. III. c. 25, by which latter statute the right is thought to he taken away in civil cases. See 3 Sharswood, Blackst. Comm. 300 ; 4 id. 352. A pro vision of a similar nature, providing for a jury one half of the nationality of the party claiming the privilege where he is a foreigner, exists in some of the states of the United States.
A petit jury is a jury who try the question in issue and pass finally upon the truth of the facts in dispute. The term jury is ordi narily applied to this body distinctively.
A special jury is one selected by the assist ance of the parties.
This is granted in some cases upon motion and cause shown, under various local provisions. See 33 Eng. L. & Eq. 406. The method at common law was for the officer to return the names of forty-eight principal freeholders to the prothonotary or proper officer. The attorneys of the respective parties, being present, strike off each twelve names, and from the remaining twenty-fout the jury is selected. A similar course is pursued in those states where such juries are allowed. See 3 Sharewood, Blaokst. Comm. 357.
A struck jury is a special jury. See 4 Zabr. N. J. 843.
2. The number of jurors must be twelve ; and it is held that the term jury in a consti tution imports, ex vi termini, twelve men. 6 Mete. Mass. 231; 4 Ohio St. 177 ; 2 Wisc. 22 ; 3 id. 219 ; .12 N. Y. 190 ; 13 id. 427.
Qualifications ofjurors. Jurors must pos sess the qualifications which may be prescribed by statute, must be free from any bias caused by relationship to the parties or interest in the matter in dispute, and in criminal cases must not have formed any opinion as to the guilt or innocence of the accused. See CHAL LENGE.
The selection of jurors is to be made im partially; and elaborate provisions are made to secure this impartiality. In 'general, a sufficient number are selected, from among the qualified citizens of the county or district, by the sheriff, or similar executive officer of the court, and, in case of his disqualification, by the coroner, or, in some cases, by still other designated persons. See Eustis. From among these the requisite number is selected at the time of trial, to whom objection may be made by the parties. See CHALLENGE.
3. The province of the jury is to determine the truth of the facts in dispute in civil cases, and the guilt or innocence of the person ac cused in criminal cases. See CHARGE. If they go beyond their province, their verdict may be set aside. 4 Maule & S. 192; 3 Barnew. & C. 357 ; 2 Price, Exch. 282 ; 4 Bingh. 195 ; 2 Cow. N. Y. 479 ; 10 Mass. 39.
Duties and privileges of Qualified persons may be compelled to serve as jurors under penalties prescribed by law. They are ex empt from arrest in certain cases. See PRI VILEGE. They are liable to punishment for misconduct in some cases.
Consult Edwards, Forsyth, Ingersoll, on Juries ; 1 Kent, Comm. 10th ed. 623, 640.