Common Law Right To Trial By Jury

• Jurisdiction: Maryland

I. Common law right to trial by jury

The right to trial by jury was recognized in the Magna Carta. In McDonald v. Chicago, 561 U.S. 742 (2010), the Supreme Court stated: "Parliament declared the basic liberties of English citizens in a series of documents ranging from the Magna Carta to the Petition of Right and the English Bill of Rights. . . . These rights included . . . the right to a jury trial . . ." Id. at 815 (citations omitted).

By the time of the Bill of Rights in 1791, a jury trial meant 12 white male citizens rendering a unanimous verdict. See Patton v....