* * * * *
                                        
                                  Hot buttons
                                        
The other day [1] I mentioned the jury instructional film setting off a few
hot buttons of mine, but I forgot about it until Bunny reminded me about it.

The first hot button—democracy. We are not a democracy. A democracy is two
wolves and a lamb voting on what's for dinner. No, we are a representational
republic with democratic leanings [2]. That's where the two wolves and the
lamb appoint representatives and the choice of dinner ends in deadlock, as it
should be. But this is a minor gripe compared to the next one.

The other hot button that got pressed—“jury of your peers.” Yup, the film
actually said “we have a right to a trial with a jury of your peers.”

No!

No, no, no, no, no, no, no, no, and no!

Article 3, § 2 of The Constitution of the United States [3] (emphasis added):

> The trial of all crimes, except in cases of impeachment, shall be by
> **jury**; and such trial shall be held in the state where the said crimes
> shall have been committed; but when not committed within any state, the
> trial shall be at such place or places as the Congress may by law have
> directed.
> 

Amendment VI of the Constitution (emphasis added):

> 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.
> 

and Amendment VII of the Constitution (emphasis added):

> In suits at common law, where the value in controversy shall exceed twenty
> dollars, the right of trial by **jury** shall be preserved, and no fact
> tried by a **jury**, shall be otherwise reexamined in any court of the
> United States, than according to the rules of the common law.
> 

Do you see “peers” stated anywhere in the Constitution?

No.

Why do you not see “peers” stated in the Constitution?

Because we don't have a peerage system [4] here in the United States, despite
our legal system having largely derived from England.

Why do we not have a peerage system in the United States?

Because our Founding Fathers specifically rejected the peerage system.

I knew our educational system was bad, but this bad?

Sheesh!

[1] gopher://gopher.conman.org/0Phlog:2007/03/20.1
[2] http://www.glock20.com/Difference_Between_A_Republic_and_A_Democracy.htm
[3] http://www.archives.gov/national-archives-experience/charters/constitution_transcript.html
[4] http://en.wikipedia.org/wiki/Peerage

Email Sean Conner at sean@conman.org

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