On The Theological Origin Of Anglo - American Criminal Jury

The jury system is the system of the Anglo-American law system has thecharacteristic extremely, although now educational world to its historical origin notsettled yet, but the jury system was born in the UK, is indisputable fact that develop inthe United States. The occurrence of any system and evolution inevitably has itsprofound social and cultural roots, the jury system is no exception. Christian historyof two thousand years, has produced strong religious background of western culture,Christian ideas already infiltrated every last drop of blood of western social system.Every change of social system, is the development of Christian theology results theinfluence of the social system. British and American criminal jury system of soil andthe evolution of each, theology of cultural concept created by all play an importantrole in promoting.Based on combing the jury system in the UK to produce and evolution history,and having been in the United States on the basis of the history of the British andAmerican criminal jury theological origin is discussed. In tracing classic Christianbible and related principles, combined with the Chinese legal science researchachievements of the jury system, it is concluded that the point of view, this articlenamely Anglo-American criminal jury system origin lies in the blood of the Christianconcept of sin and the Puritan theology of the concept of freedom of conscience.Blood crime concept from Judaism, be Christian since then, I, in turn, affects thewestern legal tradition. In western secular felony criminal justice, the judge in order toavoid blood bear sin, the widespread adoption of the gods judge, but with the gods,the end of the referee, the referee on the criminal trial jury to replace the gods thehistory of British and American criminal trial stage.16th to18th century England, the puritans concept of freedom of consciencefrom theory to practice, and gradually promoted the shift of the British criminal trialthe jury system, made the criminal jury system has realized the British from "bloodcrime responsibility undertaker" to the "bastion of freedom" leap. From then on, thejudgment of the jury system in Anglo-American law system began to play a great rolein history, and even become citizen public power of the most powerful resistancesystem. So the criminal jury system of Anglo-American law system is rooted in thedeepest part of the Christian theology of western culture.