The debate over the importance of the right to a jury trial began as a constitutional discussion over the rights of the individual versus the rights of the sovereign.  Tyranny was always a concern of the Founding Fathers and political philosophers of the age.  In 1789, Thomas Jefferson wrote: “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”  The right to trial was created to protect the individual citizen from the strength and power of the government and to prevent potential influence upon the judiciary by special interests.  In protecting individuals, the right to jury trial protects all of the citizenry. 

The Sixth Amendment of the U.S. Constitution reads: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense .” While the right to a jury trial is guaranteed by the United States Constitution in criminal prosecutions, in Florida, the right to trial by jury in most civil cases is guaranteed by the Florida Constitution.  Article I, Section 22 of the Florida Constitution reads: “The right of trial by jury shall be secure to all and remain inviolate.  The qualifications and number of jurors, not fewer than six, shall be fixed by law.”

The importance of preserving our right to trial by jury cannot be overstated.  The jury is one of the last available ways to participate directly in our democracy.  When we receive our jury summons in the mail, many of us bemoan the fact that hours, days or weeks may be taken up by serving on a jury.  However, by serving on a jury, we are upholding and ensuring that our right to a trial by jury of our peers remains intact as envisioned by the Founding Fathers more than two hundred years ago. What better way to exercise our individual right to participate in democracy and to keep a check on “tyranny,” corporate influence and government abuse of power.