Do All Countries Have Trial by Jury?

In some ways, trial by jury may be the most fundamental feature of the American criminal justice system. The United States is also one of the few countries to allow juries in civil cases. The use of jury systems varies greatly worldwide. Even in countries with a jury system, laws governing their use, composition, role, and selection process differ significantly from one country to the next.

This article highlights some of the key aspects of criminal jury systems in developed countries.

The Jury Trial System in the U.S.

The United States uses a lay (citizen) jury system for both criminal and civil cases. The right to a jury trial in criminal cases can be found in the U.S. Constitution. While limitations exist, this right extends to most criminal cases (generally those with more than six months of imprisonment at stake).

The American jury system has become an engrained tradition that aims to safeguard democracy and provide a check on government actors. Juries also promote civic engagement by allowing the average citizen to participate in the judicial system and entrusting the community's collective wisdom to judge the actions of others.

Under the American system, prospective jurors are drawn at random and called to jury duty. If summoned, the law outlines a complex vetting and selection system (called voir dire) to weed out jurors who may be biased. Selected jurors listen to evidence, deliberate together in private, and render a verdict on guilty or not guilty. Only a unanimous decision will support a criminal conviction in the U.S.

Do Other Countries Have Jury Systems?

Many countries use juries for serious criminal cases, but the laws and rules governing them differ greatly from the American jury system.

Lay Jury Systems

Argentina, Australia, Brazil, Canada, England, and Wales are examples of countries that have lay juries for some criminal trials. Some countries restrict juries to only the most serious criminal cases, such as murder, treason, and war crimes. Spain uses a lay jury, but jurors must provide a reasoned verdict that can be rejected by a judge.

Most countries don't require unanimous verdicts. A majority or supermajority may suffice for a conviction.

Mixed Tribunal Jury Systems

Several countries have mixed tribunals—meaning the factfinders are a group of lay persons and professional judges. These mixed tribunals exist in Austria, Belgium, France, and Germany, as examples. In France, lay persons and professional judges deliberate together but vote individually and privately on the verdict.

No Jury System

A number of countries do not have jury systems. Some examples include Chile, India, Mexico, the Netherlands, and South Africa. A judge or panel of judges may render verdicts in these countries.

Several countries officially abolished the use of juries, such as South Africa. In some countries, jury trials are permitted under law but not used.

Do Other Countries Have Jury Duty?

Jury duty is a civic responsibility in the United States. The same is true in some other countries but not all. The selection of jurors varies greatly by country.

Jury Duty

Australia and the United Kingdom have a jury summons process that is most similar to the United States. Potential jurors are drawn at random and required to report for duty under penalty of law.

Jury duty doesn't exist in all systems. For example, Brazil selects jurors from a pool of volunteers and citizens recommended by a business or organization. Germany's lay jurors (half of the mixed tribunal) must be nominated and selected. Upon selection, each lay juror is randomly assigned to a jury session.

Juror Selection

In the United States, a jury summons is just step one. Lawyers extensively question prospective jurors and are permitted to challenge (reject) a juror for cause. Australia also allows questioning of jurors but privacy laws restrict the extent of questioning. England and Wales don't allow challenges to jurors. Under the Canadian system, two jurors will decide if other members of the jury pool will be impartial.

Some countries require juries to have representation from indigenous groups. Argentina requires all juries to be comprised of half women and half men.

Justice and the Jury System

Despite flaws within the American justice system, the jury trial process has endured. In other countries, the right to a jury trial can change with the political tides, resulting in a lack of confidence in the system meant to mete out justice. Many criminal defense lawyers would say that U.S. defendants should consider themselves lucky when it comes to the right to a jury trial.