Law Day activities begin today with public seminars
Trial by jury is fundamental to our system of justice. Every person accused of a crime has the right to have a jury consider the evidence and conclude guilt or innocence. Similarly, every person who has a dispute with another has the right to have a jury consider the evidence and conclude who is right or wrong.
Trial by jury was one of the cornerstones of our rebellion against King George III. The American Revolution was as much about our system of justice as it was about anything else.
Among his many wrongs, King George III deprived many colonists of their right to a trial by jury. In the Declaration of Independence, Thomas Jefferson cited this failing as one of the grievances against the King. "Taxation without representation" was only one of the 27 grievances Jefferson listed. On the other hand, four of the 27 concerned the King's abuse of the judicial system.
Jefferson and his 55 accomplices were the first in a long line of men and women who offered their lives for our most fundamental rights. They declared their intention to overthrow the government of George III, wrote it down and then signed it. "And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor."
They each knew that if the rebellion failed, they would die -- the King would take their lands and money, and history would brand them traitors.
We won the war and created our Constitution and our judicial system. Ultimately, many of the issues of personal rights raised in the Declaration were addressed in the Bill of Rights -- including the right to a trial by jury -- which is addressed in the Fifth, Sixth and Seventh Amendments. The Fifth and Sixth Amendments guarantee certain fundamental rights for those accused of crimes including the right to a trial by jury and that a conviction requires a unanimous vote of the jury. The Seventh Amendment guarantees a right to trial by jury in a non-criminal matter.
The right to a trial by jury is a fundamental right. The duty to serve on a jury when called is a fundamental duty. No other duty is so basic to the operation of our government. Thomas Jefferson once said that serving on a jury was more important than voting: "I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution."
Next time you receive a jury summons, respond willingly. We need you there. Next time you serve on a jury, serve proudly. It is a small thing to offer a bit of your life to assure that we can operate our judicial system fairly and guarantee the fundamental rights for which brave Americans have offered their lives since 1776.
Catherine E. Bennett is a partner with the Bakersfield law firm of Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball. She is president-elect of the Kern County Bar Association. Law Day is Sunday, May 1. The observance begins today with seminars at the Kern County Law Library. Call 868-5320 for more information. Community Voices is an expanded commentary that may contain up to 500 words. The Californian reserves the right to reprint commentaries in all formats, including on its Web page.
