‘A Jury of Peers’: A Comparative Analysis
| DOI | 10.1350/jcla.68.2.150.29123 |
| Author | Colin Davies,Christopher Edwards |
| Date | 01 March 2004 |
| Published date | 01 March 2004 |
| Subject Matter | Article |
‘A Jury of Peers’:
A Comparative Analysis
Colin Davies*
Christopher Edwards**
Abstract The article considers the historical development of the concept
of a jury of peers in the UK, which is contrasted with US development. It
is argued that if the jury process is to continue as an element of the judicial
process, then issues of jury selection need to be revisited. In outlining the
historical development of what is meant by the concept of a trial by a
person’s peer, it is suggested that there are a number of parallels to
contemporary issues of equality. The representation of peer/social groups
on a jury panel is considered in the light of contemporary equality and
human rights laws.
What is a peer?
The right to be tried by a jury of one’s peers is firmly entrenched in the
common law. What is not clear is how this right should be interpreted.
A peer can be defined in a number of different ways. This article
considers different applications of this right to determine how it has
been developed in the common law, and whether it is appropriate in
today’s society.
The Oxford English Dictionary offers the following definitions of the
word ‘peer’:
1a. A member of one of the degrees of nobility, earl, viscount, or
baron.
b. A noble of any country.
2A person who is equal in ability, standing, rank, or value; a contempo-
rary (tried by a jury of his peers).1
The right to be judged by a jury of one’s peers has its origins far back into
the history of the common law. Indeed, the way the right to a trial by
jury developed has been a major factor that has distinguished the
common law from other legal systems.2
The right can be traced back to the Magna Carta, which states:
No free man shall be taken or/and imprisoned, or disseised or outlawed or
exiled or in any way destroyed, nor will we go upon him nor will we send
upon him, except by the lawful judgment of his peers or/and by the law of
the land.3
* Head of Intellectual Property Law, University of Glamorgan. Currently delivering a
Postgraduate Diploma in Intellectual Property Law at the Patent Office.
** University of Glamorgan. Engaged in research into various aspects of intellectual
property law and a member of the team delivering a Postgraduate Diploma in
Intellectual Property Law at the Patent Office.
1The Oxford Dictionary and Thesaurus (Oxford University Press: Oxford, 1993) 1122.
2 For a further discussion, see R. C. Van Caenegem, Judges, Legislators and Professors
(Cambridge University Press: Cambridge, 1987) 33–8.
3 Magna Carta, para. 39 in W. Holdsworth, A History of English Law, 7th edn, vol. 1
(1956) 59.
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