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More than 5000 entries on the history, culture and life of Britain (published in 1993 by Macmillan, now out of print)
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jury system
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Trial by jury is now almost exclusively a characteristic of societies influenced historically by Britain, in particular the USA. The involvement of lay people in the process of law goes back to *Charlemagne and was brought to England by the Norman kings. In the 12C *Henry II required 12 men to be present in court to name persons suspected of serious crime and by the 14C this accusatory role had evolved into one of weighing the evidence. Majority verdicts were then occasionally accepted by judges, but unanimity soon became a requirement (in England, though not in Scotland). This lasted until 1967, since when the judge may allow a verdict if 10 out of 12 jurors agree after a minimum of two hours' deliberation.
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It is a crucial part of the system that the jury must assume the defendant to be innocent unless guilt seems proved 'beyond reasonable doubt'. All serious cases in Britain were at one time tried before juries, but this is now only invariably true of criminal law together with a few extra categories such as libel.
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Juries in Scotland (15 jurors for a criminal case) may return a verdict of Not Proven where guilt seems probable but is not established beyond reasonable doubt. The practical result is the same as Not Guilty; the charge is dropped and the accused cannot be tried again for the same offence.
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