陈凯博客： www.kaichenblog.blogspot.com

陪审团制度的伟大
The Merits of American Jury System

价值一语： Words of Value:

No free government, or the blessings of liberty can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by a frequent recurrence to fundamental principles. --- Patrick Henry

如果没有正义，适度，温和，朴素等品质德行，如果没有经常的检验我们是否在遵循那些基本的原则，任何自由国度的政府，任何自由的赐福都不能延续下去。 --- Patrick Henry

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By Kai Chen 陈凯 （Reprint 10/1/2011)

Jury system in English, American "Common Law" tradition is unique and legendary in preserving justice in a society. It is ingenious in its design to involve ordinary people in the process of jurisprudence. In this great process, each and every ordinary citizen of a free society has a chance to participate in rendering justice in the society toward one of their fellow citizens, regardless where one comes from, regardless social and economic classes, gender, age... As long as one is capable of applying common sense, justice will be done. What a great system!

This great system also frequently reminds each and every citizen of their civic duty and individual responsibility toward justice and freedom. When you sit in that jury room, feeling the weight of justice in your hands, solumnly swearing to adhere to your conscience by God, how can you not feel the presence of providence and your connection to God?

I have been selected quite a few times as a juror to sit in and judge whether a person is guilty or not for a crime. I could write a book about any particular proceedings. There are dramas and interesting occurances happening in every jury I have been with. But every time I sit in that jury room, I couldn't help but marvel the great trust, the great faith American society put in the hands of its citizens. The quality of the American citizens are on full display in a jury room. What amazes me is not how much educated they are, or how rich or how poor they are, but how much conscience, common sense, logic and rationality they are willing to subject themselves under.

In the jury room, everyone adheres to "1+1=2", everyone believes God is the ultimate judge on one's conscience, everyone is willing to bear the responsibility of his or her choices and actions. Strict jury rules and proceedings are applied under the instruction of the sitting judge, and there is always a way to correct and punish jurors' misconduct. Just to design such a system, to improve it and to perfect it is a feat to be marveled upon.

In each proceeding, the result can be different, sometimes the jurors cannot reach a unanimous verdict, then "hang jury" will be declared and it is up to the prosecutors to decide whether to have another trial or not. But the great trust and faith the American judicial system put in its citizens' hands show exactly what a great society America is: True fairness and justice is not up to the government, but to each and everyone of us - the ordinary, but also extraordinary citizens.

This is a society God intends it to be. America is indeed a free and just society, for American people, each and everyone of them, will always do everything to preserve their own conscience, to display their conscience, and to adhere to their reverence to their creator. Hence, America remains free.