Bulwark of Equality: The Jury in America

48 Pages Posted: 29 Apr 2020

See all articles by Nino Monea

Nino Monea

United States Army, Judge Advocate General's Corps; West Point, Department of Law

Date Written: February 25, 2020

Abstract

Many decry the state of societal inequality in modern America. Juries are not normally thought of as part of the solution, but history shows that they should be. It reveals that juries oftentimes advanced the interests of the poor and lowly when no one else would. It also reveals that powerful interests—government and corporate—have sought to disempower juries that rule in favor of marginalized groups. This Article examines four contexts throughout our history where juries have enhanced societal equality. (1) In early America, they resisted the British government and in the nascent republic were friends to debtors and farmers. (2) When Congress passed fugitive slave laws to enable slaveholders to haul accused runaways back into bondage, Northern juries effectively invalidated the laws. (3) During the Industrial Revolution and railroad boom, juries acted as a check on land seizures and compensated victims of grievous industrial injuries. And (4) throughout the labor movements of the last two centuries, juries tended to support workers agitating for better wages and conditions. Each time, those in power fought back by trying to eliminate or weaken juries in response. And each time, courts or legislatures brought juries to heel. Still, history teaches us the valuable role juries play in creating a more equal society.

Keywords: Juries, American history, inequality, fugitive slave laws, labor movement, railroads

Suggested Citation

Monea, Nino, Bulwark of Equality: The Jury in America (February 25, 2020). 122 W. Va. L. Rev. 513 (2019), Available at SSRN: https://ssrn.com/abstract=3568944

Nino Monea (Contact Author)

United States Army, Judge Advocate General's Corps ( email )

West Point, Department of Law ( email )

West Point, NY
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
38
Abstract Views
392
PlumX Metrics