Curriculum subject: Citizenship
Key Stage: 3 and 4
Theme: Magna Carta today
Topic: Trial by jury
Rationale
Many people believe that trial by jury, where 12 ordinary people decide whether someone is
guilty of a crime, is the best way of ensuring fairness and justice, and that this is an important
part of our democracy. Others believe jury trials are expensive and time-consuming, or that
ordinary people can be over-influenced by stereotypes. Recent cases, such as that of Vicky
Pryce, have put juries in the spotlight; and some think that judges are simply better placed to
make fair decisions.
In this activity, pupils find out about the role of Magna Carta in establishing the principle of
‘trial by peers’ which later led to trial by jury. They explore the arguments for and against the
use of juries and, as an extension activity, pupils can take part in a mock trial activity.
Content
Historical sources:
 Magna Carta, 1215
Recommended reading (short articles):
Magna Carta and jury trial by Geoffrey Robertson
Film:

The legal significance of Magna Carta today
External links
Case study - Jury collapse during the Vicky Pryce case:
http://www.bbc.co.uk/news/uk-21516473
Citizenship Foundation Mock Trial competition:
http://www.citizenshipfoundation.org.uk/main/page.php?17
Key questions

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What is trial by jury and where did it come from?
What did Magna Carta say about ‘trial by peers’?
The British Library | www.bl.uk/magna-carta |www.teachithistory.co.uk |24387
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Why do many people believe it is so important today?
Is trial by jury the fairest way to determine whether a defendant is guilty?
Activities
1) Begin with a discussion about jury trials. What do pupils know about these? Ensure they
have understood the basic facts, for example:
 Juries are used in criminal courts
 A jury in England and Wales is made up of 12 people from all walks of life
 Anyone between the ages of 18 and 70 can be called for jury service if they
are on the electoral roll (i.e. registered to vote)
 Jury service is compulsory unless you have a very good reason
2) Share the text of Clause 39 and the opening text from Geoffrey Robertson’s article. Do
students think Magna Carta establishes the principle of trial by jury? What does
Geoffrey Robertson’s article say about this? Highlight to pupils the following quote in
Robertson’s article: ”The original clause 39 of the Great Charter of June 1215 reflected
a privilege negotiated by the barons to ensure their disputes with the King – mainly
over land – would be settled after advice from men of their own rank and status”.
3) Give pupils a list of mixed up statements with arguments for and against juries. Ask
them to sort the arguments out and then discuss whether they are in favour of juries or
not. Can they think of any additional arguments to support their viewpoint?
Arguments for the use of juries
A jury of ordinary people will understand
the situation in the case or may have faced
similar issues whereas judges can be ‘out
of touch’
A jury of ordinary people ensures trials are
not controlled by rich people or those in
power
A jury ensures ordinary people from a
diverse range of backgrounds, beliefs,
ethnicities etc. consider the case
Arguments against the use of juries
Juries may not understand the
complexities of the law
Trial by jury can take a long time because
the jury are given notice and the judge has
to explain each stage of the case, where
as a judge alone could hear a case more
quickly
Jurors can be intimidated or threatened by
people close to the accused
The British Library | www.bl.uk/magna-carta |www.teachithistory.co.uk |24387
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4) Ask pupils to think of any recent cases where jury trials have made the news? Why was
this? Introduce a recent case where there was a problem with the jury, for example the
case of Vicky Pryce. Using the case study, pupils should identify: What happened?
What problem did this create? What do they think could be done about this?
Extension activities
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This activity could be linked with history, where pupils explore key people and events
that contributed to the development of trial by jury. For example: Edward Coke, John
Lilburne and the 1670 case of William Penn and William Mead. Again, see Geoffrey
Robertson’s article ‘Magna Carta and Jury Trial’.
Pupils take part in a mock trial activity organised by the Citizenship Foundation where
they work in teams to prepare for a case. Pupils are organised as teams with
prosecutors, defence, witnesses, court officials and jurors.
The British Library | www.bl.uk/magna-carta |www.teachithistory.co.uk |24387
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