The Palladium of Justice: Origins of Trial by Jury

Levy's defense of juries and the Anglo-American accusatorial system is a worthwile evening's read that condenses 600 years of legal history into a scarce hundred pages of simple prose--a truly remarkable feat. As an alternative to trial by ordeal, conjurgation, and battle, juries were an innovative fact-finding solution that helped spread the power of the central government in England, yet also helped focus resistance to British power in revolutionary America. Levy argues plausibly that though the Anglo-American tradition was hardly perfect, it better averted torture and other excesses of the inquisitorial (Continental) system during the 13th-17th centuries because bringing suspects before a jury to find the facts reduced the likelihood that judges would resort to other means of extracting confessions. The excesses of Guantanamo/Iraq/Afghanistan, where juries have been denied, suggest Levy's point is more than merely academic. The discussion of the role of juries in the Revolution seems less convincing, if only because the subject matter is less exotic, and contrary impressions are readily available. Still, the Constitutional debates over jury nullification remain relevant today. A 103-page book, Levy's text does not seek to be an exhaustive treatise so much as an extended essay readily ingestable in an evening or two. Chock-full of interesting tidbits, it should appeal to anyone interested in the purpose and history of juries, one of the most distinctive characteristics of American legal heritage.