Talk on amendment 7

Main Points

Founders felt strongly that Trial by Jury was a fundamental right of the accused

• it is featured in 3 of the 28 grievences of the Declaration of Independence
• and in the Bill of Rights, it is the subject of 2 of the first 10 amendments to the constitution

• Why did they feel so strongly?

 Let's look at an example from the life Pennsylvania's fonder, William Penn

• In England, at age 22, Penn became a Quaker 
• The year is 1666, there's no freedom of religion 
• Quietly arrested in 1668 for criticizing the England's official Church
• Imprisoned for 8 months without a trial 
• When released, banned from all public speaking
• Two years later, goes to church only to find meetinghouse seized and locked
• Preaches the sermon on the street and is arrested before he can finish
• Public arrest earns him a jury trial--though not one we would recognize today
• Judge had already decided his guilt and had a plan
• Custom of hats and Quakers thoughts
• Refusing to remove hat was a sign if gross disrespect
• Quakers considered all men equal before God and often refused to remove hat
• To the judge's surprise, Penn removes hat
• Judge order's it back on--Penn complies
• Judge finds Penn in contempt and has him removed for the remainder of trial
• After the case is made agains Penn, judge orders the jury to find Penn guilty
• Appalled by the judge's behavior Jury finds Penn not guilty
•  Judge orders them to reconsider
• They refuse and are locked up without food, water, fire or tobacco
• "You should find him guilty or you shall starve"
• Jury refuses to find him guilty--some will be jailed for months for their defiance
• Although found not-guilty, Penn will spend months in prision--For wearing his hat.

Founding of Pennsylvania

• A decade later, Charles II gives a large tract of land in North America to Penn
• Get rid of the troublesome Quaker
• Discharge debt owed to his now deceased father
• Penn establishes Pennsylvania with a charter of liberties guaranteeing (among other things)
• Trial by jury
• Pennsylvania not alone, Trial by jury was common throughout colonies

Trial by Jury Restricted by Govt in early 1770s

• Certain crimes against Crown (such as smuggling) no longer qualified for Trial by Jury
• Moved to Courts of Vice admiralty  (three things to know abut these courts)
• All decisions are made panel of judges
• the accused is presumed guilty until proven innocent

Founding Generation found this to be unjust

• worth fighting against
• This is one reason trial by Jury features so prominently in Declaration of Independence
• Our founders wanted to be sure the new central overnment did not become tyrannical like old
• 6th amendment: All criminal trials shall be decided by Jury
• 7th amendment: even civil suits of at least $20 shall be decided by Jury.

Very aware that a strong, uncontrolled central government breeds Tyranny, the founders sought to create a limited central government bound by the chains of the constitution.  Trial by Jury, assured by the 6th and 7th amendments, is one of these very important chains.