]
Trial by Jury.--The right of trial by jury in all criminal cases
had been insisted upon by Englishmen for centuries prior to the
formation of our Constitution. There were two branches to the system,
the grand and the petit juries. Each performed the same duties as they
do now. The Constitution provides in Section 2, Clause 1, that
_The trial of all crimes, except in cases of impeachment, shall be by
jury, and such trial shall be held in the State where the said crime
shall have been committed; but when not committed within any State, the
trial shall be at such place or places as the Congress may by law have
directed_.
This clause was attacked by the opponents of the Constitution in the
State conventions. It was believed that the Constitution did not furnish
adequate safeguards against unjust prosecutions. Because of this
agitation, Congress, in its first session, proposed Amendments V, VI,
VII, and VIII, which were duly ratified by the several States.
Amendment V. _No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a
grand jury, etc.
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