Athenian Jury System Essay

Most people probably think the idea of a jury system began in England, where most information dates to. However, this system has been used for thousands of years before then. Until a few centuries ago, many of us did not know where it all began. As people began traveling further back in time, remarkable discoveries were made. All of this new information was linked to what is believed to be the development of the first jury system. This includes where it developed, how many people served, what early juries were like, and their role in the courts.

The first jury system dates back to 350 BCE, where descriptions of Athenian law were found. According to Soft Schools, “in descriptions of the Athenian system of law, written around 350 BCE, Aristotle described the use of the jury system.” Many forms of trials resembling the jury system can be found in the beginning of the first centuries. However, it is the first institution known to history which presents characteristic features of jury trial (Lesser 26). The history of the jury system is so interwoven with political development, that many overlooked the fact that Athenian jury systems were the basis for other countries in the courts.

Moreover, the people of Athens wanted change in their lives when previous constitutions began to collapse. As Henry Rhodes shares, “The people

of Athens realized that they needed someone to revamp their constitution to stop the quarreling among the various families.” As a result, the lowest class in the new Solonian system, who were considered common citizens, became a big role in the new courts. “Athens successfully transitioned to a legal order from purely informal order…imposed by powerful elites” (Carugati 297). Despite this change, many people still refer to this jury system as non-modern because of the citizens ability to control. However, every jury system needed to start somewhere, and the Athenian people were a big contributor to that.
In fact, it is recorded that the Athenians believed in large juries. “The size of the juries could run as high as 6001 members, depending on the severity of the case” (Rhodes). In addition to this, the juries were always composed of an uneven amount to avoid ties in favor of the defendant. “The Pericles often varied in numbers, but there was no less than 200 members” (Lesser 18). Every man took a prescribed oath, reciting every word and swearing to the gods they would stay truthful.
Instead of the selection system many of us know today, every participant of the jury was a volunteer. “The average juror might have been a good deal older than thirty: older men were likely to have time on their hands in an economy where most work made heavy physical demands” (Bers). The jurors were paid about one third of what a skilled worker was paid, making it perfect for those who needed money but couldn’t work. Under the system used for most of the fourth century, a person who wished to become a juror had to report to an area designated for his tribe, since there were ten during this time (Rhodes).
In the beginning, jurors were likely selected at random in the last minute trials.

“During the fourth century an elaborate system of multiply random selection was introduced, using wood or bronze tickets that each juror brought with him” (Bers). This system most likely made the selection of cases and jurors run smoother, considering the number of jurors volunteering. In addition, “according to author John Gunther, quoting Aristotle, juries in Athens instead decided cases based on their understanding of general justice (“Juries-History”). This means that jurors most likely picked their own cases based on understanding and were placed

accordingly.
With this intention in mind, there were a small number of jurors that did not cast a vote but had other duties. The elaborate system used in the fourth century also determined which jurors would perform certain, but indispensable tasks, such as minding the water clock that timed the speeches (Bers). In addition, other jurors were given jobs such as handing out payment for the days service and counting the votes. “In Athens, jurors did not retire to a jury room- they made their decisions without discussion among themselves, based on the large part of their own interpretations of the law” (“Criminal Procedure in Ancient Athens). It is suggested that if the defendant was voted guilty, the jury would choose one of the two punishments, each option given by the speech givers.
During this time in history, jurors played a big role in the courts. This was a system with no professional judge to regulate what the jury heard. The Athenian jury wielded very great power. (Bers). In addition, speakers were known for referring to the juror’s opinions on matters, even though they were just ordinary people. “These remarkably broad powers make it important to know who served on jury, how they were assigned to particular cases, and how they went about their business.” (Bers). Each citizen on the jury was given this small span of power, which could be used in incredible and disastrous ways.
Not only did jurors influence the outcome of cases, they also were the deciding factor in which laws were passed. “This suggests the democratic origin of juries, since the system is so analogous to the political system in Athens, where citizens made the law directly.” (“Law & Courts”). In addition, the courts were also consisted of regular citizens of Athens. “While the law-courts featured hundreds of citizens selected through complex randomized procedures that guaranteed that jury panels were broadly representative of the Athenian population. (Carugati 315).
In conclusion, Athenian jury systems are linked to what is believed to be the development of the first jury system. This includes where and when it was developed, how many people served, what early juries were like, and their role in the courts. The Athenian jury system was made up of hundreds of ordinary citizens, each having the power to change the way they lived. While our jury system today was most likely adapted and revised over the centuries. The characteristics of an Athenian jury system are most likely being used in jury systems in many different countries today.