The role of the jury institution in typical criminal procedure models

Abstract

The jury is an institution that accepts citizen participation in the trial process in some countries in the world. This institution originated from the English legal system and was brought to England by the Normans in 1066 with the function of considering whether a person’s accusation has sufficient grounds. However, it was not until 1215, when the Magna Carta was born, Article 39 stated that “Citizens have the right to be tried by other citizens in accordance with the laws of their country.” The jury gradually became more common in Common law countries that apply adversarial criminal procedure model. It was then hybridized into the judicial systems of some countries pursuing the inquisitorial procedure model. Thus, this institution has demonstrated its ability to adapt to different legal and political cultures in the world. However, each different model of criminal procedure will impact the role of the jury in that country. The article discusses the role of the jury institution in the adversarial criminal procedure model and the inquisitorial criminal procedure model.