The roots of American law and the jury system trace back to medieval England

Trial by jury was an important source of colonial resistance to British rule

Colonial juries refused to convict Americans who violated British trade laws, and Britain's response, stripping away jury rights, became a central grievance of the Revolution. The Declaration of Independence explicitly cited the denial of the right to trial by jury as a charge against King George III.

Black Americans were systematically excluded from juries for much of US history

Literacy tests, poll taxes, and even explicit laws kept Black Americans off juries until well into the 20th century. The Jury Selection and Service Act of 1968 mandated that federal juries reflect a fair cross-section of the community, though racial disparities in jury selection persist.

The Seventh Amendment guarantees the right to a jury trial in federal civil cases

Ratified in 1791, this amendment applies to cases where more than $20 is at stake—an amount that has never been adjusted for inflation.

The US Bill of Rights drew directly from England's own Bill of Rights

England's 1689 Bill of Rights established protections against cruel and unusual punishment and the right to petition the government. Many of its provisions were adopted nearly word for word by America's founders a century later.

Explore jury nullification, the little-known power that lets jurors ignore the law and acquit anyway

When jurors disagree with a law, they can simply vote to acquit regardless of the evidence; however, this practice is rare, and the legal system actively discourages it. This podcast traces its history from a Quaker prayer meeting in London to the LA riots.

Colonial self-rule fostered strong autonomy and distrust of centralized power

American colonies were governed through a patchwork of different systems, ranging from Crown-run to locally controlled. Broad local autonomy—often followed by sudden imperial crackdowns—taught colonial leaders to prize home rule and distrust distant centralized power, attitudes that later informed US federalism.

Go inside a real jury room as 12 Americans deliberate a criminal case.

This PBS "Frontline" documentary from 1986 was the first to film actual jury deliberations on American television, capturing a Wisconsin criminal trial jury wrestling with the evidence and the case's consequences.

In 1215, the Magna Carta declared that even the king was not above the law

Forced on King John by rebellious barons, the Magna Carta established limits on royal power and the principle that rulers are subject to law. Discover how this foundational text later influenced the development of constitutional government and modern human rights traditions.

The Judiciary Act of 1789 created the foundation of the federal justice system

Passed by the First Congress, the Judiciary Act of 1789 established the federal court system, the Office of the Attorney General, and the US Marshals Service—the first law concerning national law enforcement and legal administration.

Explore state-level data on juries.

Federal juries are selected from voter rolls and driver's license lists

Courts randomly draw prospective jurors from these sources, then mail qualification questionnaires. Those who qualify may be summoned for voir dire, where judges and attorneys question candidates before seating a final jury.

A 1986 Supreme Court ruling prohibited race-based jury strikes, but racial imbalance in jury selection persists

Batson v. Kentucky banned prosecutors from excluding jurors on the basis of race, but critics say it backfired. Prosecutors often use race-neutral pretexts to remove potential jurors that judges rarely reject, and some courts have never found a violation of the ruling.

Grand juries investigate crimes and decide whether the government has enough evidence to charge someone

Unlike trial juries, which determine guilt, grand juries decide whether there is probable cause to bring charges at all. If they find enough evidence, they issue a formal indictment. Federal grand juries are enshrined in the Fifth Amendment of the US Constitution.

New England towns have practiced direct democracy since the 1700s

Town meetings in New England let residents vote directly on local budgets, laws, and policies. One of the oldest surviving forms of participatory democracy in the United States, the tradition dates back nearly 250 years.

In the US, any court can rule on constitutionality—unlike in most other countries

In the American system, known as diffuse judicial review, federal and state courts at every level may assess whether laws comply with the Constitution, and their decisions are ultimately reviewable by the Supreme Court. Many other democracies, by contrast, reserve constitutional review to specialized constitutional courts.

All states did not require a unanimous jury verdict to convict until a 2020 Supreme Court case

In Ramos v. Louisiana, the court ruled that the Sixth Amendment requires unanimous jury verdicts to convict in criminal cases, overturning laws in Louisiana and Oregon that had allowed convictions with only 10 of 12 jurors in agreement.

The US framework of government has influenced the constitutions of many other countries

In 1787, the US Constitution introduced a system built on the separation of powers and individual liberties, including freedom of speech and religion. Though widely influential, its rigidity has made it less of a modern model as countries adopt more adaptable constitutional frameworks.

The history of the New Year's misunderstanding in England

In the mid-18th century, the legal system in England operated under the understanding that the New Year began March 25. However, the widespread custom remained a Jan. 1 celebration as the public had been practicing for years. Read along to discover the practical issues this discrepancy caused and how the English legal system ended up yielding to public belief.

The Sixth Amendment guarantees the right to a speedy trial, an impartial jury, and legal counsel

The amendment guarantees robust protections for those accused of crimes. However, states weren't required to provide attorneys for defendants who couldn't afford one until the Supreme Court's 1963 Gideon v. Wainwright ruling—172 years after ratification.

The Eighth Amendment prevents cruel and unusual punishment and was borrowed from England

The exact wording of the amendment came from England's Bill of Rights, written more than a century before America's. Today, the Eighth Amendment governs death penalty standards, prison conditions, and sentencing limits, though its interpretation remains actively contested.

12th-century English monks claimed discovery of King Arthur's bones

The medieval legend of King Arthur and his Queen, Guinevere, is one of the most popular to endure into the modern era. The legend regularly evolved during the Middle Ages, as is seen in this story where a historian from King Henry the Second's court claims the bones of Arthur were discovered at Glastonbury Abbey.

The powers of the judicial branch have expanded since the nation's founding

Initially, the Supreme Court was seen as the weakest branch, lacking "the power of the sword or the purse," as Alexander Hamilton noted in *Federalist No. 78*. This podcast explores the political conflicts and pivotal decisions that transformed the court into the powerful constitutional authority it is today.

The Iroquois Confederacy's political structure may have shaped the US Constitution

Centuries before the US existed, six Indigenous nations—the Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora—united under a shared constitution known as the Great Law of Peace. Some historians argue that the framework of federalism and representative councils influenced the American founders.

A single 1803 Supreme Court case, Marbury v. Madison, gave courts the power to strike down acts of Congress.

The origins of public education in the US stem from Puritan religious views

The 1647 Old Deluder Satan law reflects Puritan belief that illiteracy allowed Satan’s influence. The law—the first of its kind in the colonies—mandated towns of over 50 households hire a teacher and over 100 support a grammar school.

Feudal landholding organized medieval Europe’s economy without relying on slavery

From the 10th to 13th centuries, Europe’s agricultural system relied on localized hierarchies. Lords granted land to knights for defense, who in turn mainly oversaw free peasants paying rents in labor, goods, or money rather than living under slavery.

John Adams served as a lawyer for the British troops involved in the Boston Massacre, believing they deserved a fair trial.

Gambling and lotteries funded America's early expansion, funding infrastructure and capital projects.

A court designed to be the least powerful branch of government became one of the most influential institutions in America.

Tarring and feathering was a violent form of vigilante justice in Colonial America.

How the Code of Justinian formed the basis of modern law

This video explores the significance of Justinian’s Corpus Juris Civilis. The most important component of the Corpus, the Digest, collected the opinions of eminent Roman jurists. The Digest went on to become the legal framework of medieval Europe, and the basis for the civil codes used across two-thirds of the globe today—an underappreciated legacy of Byzantium.

Many of the founding fathers were deists—believers in a God of reason

A uniquely American iteration of the Enlightenment movement thrived during the Revolution. This selection from a longer write-up on the American Enlightenment highlights six core ideas: deism, liberalism, republicanism, conservatism, toleration, and scientific progress.

Early American citizenship was defined inconsistently by individual states.

The Supreme Court extended the ban on discriminatory jury strikes to include gender in 1994

In J.E.B. v. Alabama, the court ruled 6-3 that using peremptory challenges to exclude jurors based on sex violates the Equal Protection Clause, building on its 1986 Batson decision banning race-based strikes.

The United States is the world's oldest continuously operating federal system under a written constitution

The US pioneered federalism in the late 18th century, and many countries later adopted federal systems to manage conflict and share power. This resource features interactive maps that trace the spread of federal systems worldwide from 1900 to the present.

The Middle Ages, the roughly 1,000-year period between the fall of Rome and the Renaissance, shaped the political and cultural foundations of modern Europe.

A TV show put one unsuspecting man on a fake jury surrounded entirely by actors for three weeks.

In the Amazon comedy "Jury Duty," Ronald Gladden believed he was participating in a documentary about the judicial process, unaware that everyone involved with the entire trial was an actor. In this podcast, Gladden and director Jake Szymanski reflect on the experience.

Read the criteria for federal jury selection and the exemptions and excuses that can get you out of it.

Federal jurors must be US citizens, at least 18 years old, proficient in English, and free of felony convictions. Active-duty military, full-time police and firefighters, and certain public officials are fully exempt from service.

John Marshall strengthened the Supreme Court and national authority

As chief justice, John Marshall established the principle of judicial review. He reinforced federal supremacy in key cases, defining the Supreme Court as a powerful arbiter between states and the national government under the US federal system.

Explore the history and origins of the power of the pardon

The concept of clemency dates back to at least ancient Greece and was later embraced by English monarchs. During the Constitutional Convention, the founders debated whether presidents should have such power—ultimately adopting Alexander Hamilton's expansive view that presidential pardons serve as a check on the justice system.

In 41 states, older Americans can opt out of jury duty, but not in federal court

As of 2024, 41 states offer age-based exemptions from state jury duty, with opt-out ages ranging from 65 in Mississippi and South Carolina to 80 in five states. None of these exemptions applies to federal court.

Europe’s first universities emerged from medieval church school

The modern university can be traced back to the Middle Ages, when schools in Italy, France, and England initially trained clergy before expanding to include lay students. By the 10th and 11th centuries, they taught law, medicine, and theology across Europe.

The vast majority of federal criminal cases never reach a jury.

In fiscal year 2022, nearly 90% of federal defendants pleaded guilty, and another 8% had their cases dismissed. This means just 2% went to trial at all, making a trial by jury a rare outcome in the modern federal court system.

Juror pay varies widely by state, and most employers are not required to cover it.

State court juror pay ranges from nothing in Illinois and South Carolina to $50 per day in six states, with a national average of around $22 per day. Only eight states and DC require employers to provide paid time off during jury service.

Take a deep dive into the constitutional foundations of judicial review

In this episode of "This Constitution," the hosts take a law-focused approach to judicial review—examining its roots in Article III and the supremacy clause, its development through Marbury v. Madison, and the ongoing constitutional debates about whether the court's power strengthens or strains American democracy.

Compare how justice ministries and courts are structured around the world

The Federal Judicial Center's "Judiciaries Worldwide" series provides clear and accessible comparisons of how various countries organize their justice ministries, prosecutors, courts, and judicial councils—emphasizing global models of independence, oversight, and institutional structure.

Marbury v. Madison established the Supreme Court's power of judicial review

The 1803 ruling empowered courts to strike down laws that violate the Constitution, permanently expanding the Supreme Court's authority and cementing its role as a coequal branch. This video explains the case and its lasting impact.

The front lawn became an American ideal in the 20th century.

Hear a narrative account of Justice John Marshall's 'simple' upbringing and his major impact on the American republic.

The Bill of Rights spent more than a century largely ignored by the courts

When ratified in 1791, the Bill of Rights applied only to the federal government, which exercised little direct control over daily life. It played a limited role in early constitutional law until the 20th century, when legal advocates began using it to challenge state and local laws.