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Essay / Research Paper Abstract
This 4 page paper gives three examples of English laws that have influenced the US justice system. The laws considered are the right to trial by jury, the principle of double jeopardy and the right to silence. The paper also considers the status of these historical laws in the UK today. The bibliography cites 8 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEukinflu.rtf
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of both countries, which demonstrate the common history and reflect a common culture, and can be seen as influencing the US justice system. There are many elements of
British law that have become a part of the US justice system. One of these is the right to trial by jury, which is today enshrined in the US constitution,
as seen in the Seventh Amendment (Findlaw, 2004). The origins of trial by jury can be traced back to twelfth century England and the Assize of Clarendon in 1166 (Smith
and Smith, 1993). However, in these origins the approach was rather different from that seen today. Originally the individual being tried had
to respond to a writ that was issued. These individuals had to swear an oath to tell the truth regarding ,crimes that occurred in that locality, as such it was
the twelve that brought the charged, not that made the judgment, but the idea of being answerable to peers has been born. In this time there would then be
trial by ordeal, such as being lowered into a pool of water. The current system of jurors was seen in the Britain during the seventeenth century, where jurors
were disqualified from judging if they had a precious knowledge of that case (Smith and Smith, 1993). This was still prior to the war if independence. There have been attempts
in the UK to limit the right to trial by jury, to reduce the time of trials in courts but this has not yet succeeded, but may well change in
the future. In the US the forth amendment states that "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury
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