| 释义 |
jury, n.|ˈdʒʊərɪ|
Forms: 4 iuree, 4–5 iure, 5 iurye, 6–7 iurie, 7 jurie, (6 iewrie, 7 jewry), 6–7 iury, 7– jury.
[a. AF. juree, jure (as in senses 1, 2) = OF. jurée oath, juridical inquiry, inquest; med.L. jūrāta, n. from fem. pa. pple. of jūrāre to swear (see -ade suffix).]
I. In legal use.
1. A company of persons (orig. men) sworn to render a ‘verdict’ or true answer upon some question or questions officially submitted to them; in modern times, in a court of justice, usually upon evidence delivered to them touching the issue; but in the earliest times usually upon facts or matters within their own knowledge, for which reason they were summoned from the neighbourhood to which the question submitted to them related, or in which the person or persons lived as to whose conduct or death an ‘inquest’ or investigation was held.
Originally, ‘The question to be addressed to them may take many different forms: it may or may not be one which has arisen in the course of litigation; it may be a question of fact or a question of law, or again what we should now-a-days call a question of mixed fact and law. What are the customs of your district? What rights has the king in your district? Name all the land-owners of your district and say how much land each of them has. Name all the persons in your district whom you suspect of murder, robbery or rape. Is Roger guilty of having murdered Ralph? Whether of the two has the greatest right to Blackacre, William or Hugh? Did Henry disseise Richard of his free tenement in Dale? The jury of trial, the jury of accusation, the jury which is summoned where there is no litigation merely in order that the king may obtain information, these all spring from a common root’ (Pollock & Maitland Hist. Eng. Law I. 118).
Concerning the origin of the jury system in its various applications, and esp. of trial by jury, much has been written; but the name, in its English form, is not known to us till a jury had practically become what it is now, as a grand jury at an assize or at quarter sessions, a common or special jury in a criminal or civil trial, or a coroner's jury at an inquest (see coroner and inquest).
In England, juries in all criminal trials, in civil trials in the superior courts, and in writs of inquiry, consist of 12 people, who must usually be unanimous in their verdict except by agreement of the parties. A coroner's jury may consist of any number from 7 to 11; and in this, a majority verdict is sufficient. Juries in county courts consist of 8. In Scotland, the number of a jury in a criminal trial is 15, and the verdict of a majority is accepted; in a civil trial, the number is 12, as in England.
[1188Glanvill ix. xi, Inquirentur autem huiusmodi purpresture..per iuratam patrie siue visineti. 1290Rolls Parlt. I. 20/1 Cum jur[atores] illius Inquis[itionis] calumpniavit qui per calumpniam suam amoti fuerunt de Jur[ata] illa. 1292Britton i. xxii. §10 Des viscountes et des bailliffs qi ount plus de gentz somouns qe mester ne serroit en jureez et en enquests. Ibid., Et de ceux ausi qi ount mis en jureez et en enquestes gentz malades. 1328Rolls Parlt. II. 19/2 Il ne doit estre en Jurrez et Assises, si est il mys en un Jure de graunt Assise..devant les Justices du Baunk. ]a1400Morte Arth. 662 Ordayne thy selvene bathe jureez, and juggez, and justicez of landes. 1467Waterf. Arch. in 10th Rep. Hist. MSS. Comm. App. v. 305 There shal none of the saide counsaile..passe in no jure betwene party and party. 1494Fabyan Chron. 351 A quest of .xii. Knyghtes of Myddlesex, sworne vpon a iurye, atwene the abbot of Westmynster and the cyte, for certayne pryuyleges that the cytezens of London claymed within Westmester. 1533More Debell. Salem Wks. 988, I durst as wel trust y⊇ truth of one iudge as of two iuries. 1603Shakes. Meas. for M. ii. i. 19 The Iury passing on the Prisoners life May in the sworne-twelue haue a thiefe or two. 1607Cowell Interpr. s.v. Homage, Homage is sometime vsed for the Iurie in the Courte Baron..because it consisteth most commonly of such, as owe homage vnto the Lord of the fee. 1632Star Chamb. Cases (Camden) 178 None are excused from tryalls of jurie and serving in juries under the degree of a noble man. 1709Steele Tatler No. 50 ⁋12 Submitting my self to be try'd by my Country, and allowing any Jury of 12 good Men, and true, to be that Country. 1769Blackstone Comm. IV. xxiii. 301 An inquisition of office is the act of a jury summoned by the proper officer to enquire of matters relating to the crown, upon evidence laid before them. 1852Forsyth Trial by Jury 206 It is quite clear that the separation of the accusing from the trying jury existed in the reign of Edw. III. 1859Dickens T. Two Cities ii. xii, The jury did not even turn to consider. 1895Pollock & Maitland Hist. Eng. Law I. 122 The great fiscal record known to us as Domesday Book was compiled out of the verdicts of juries.
2. With particularizing additions:
a. coroner's jury: see coroner and inquest.
a1548Hall Chron., Hen. VIII 55 The sentence of the quest, subscribed by the crowner..and so the sayd Iury hathe sworne. 1667Pepys Diary 22 Jan., Find the Crowner's jury sitting. 1762Goldsm. Nash 96 The coroner's jury being impanelled, brought in their verdict lunacy. 1883Wharton's Law-Lex. (ed. 7) s.v., Unanimity is not required from a grand jury or a coroner's jury.
b. grand jury: a jury of inquiry, accusation, or presentment (as distinguished from a petty jury or jury of trial), consisting of from twelve to twenty-three ‘good and lawful men of a county’, who were returned by the sheriff to every session of the peace, and of the assizes, to receive and inquire into indictments, before these were submitted to a trial jury, and to perform such other duties as were committed to them. Hist. exc. U.S.
This body represents the grand inquest (q.v.) of earlier times. In England its action by statute and usage became greatly restricted; its principal duty before its abolition in 1933 was ‘to examine into accusations against persons charged with crime, and if it see just cause, then to find bills of indictment against them, to be presented to the court’; besides which, however, it could express opinions on changes in judicial procedure, make recommendations on this and kindred subjects, make presentments of nuisances, etc. Formerly, a Grand Jury of twenty-four was summoned also upon a writ of attaint, to inquire whether a petty jury had given a false or corrupt verdict (abolished by 6 Geo. IV, c. 50). In Ireland the Grand Jury had, down to 1898, very extensive powers in reference to the general administration of the country. In Scotland grand juries have never existed.
[1433Rolls Parlt. IV. 448/2 Pleder tiel feint & faux plee & delaier le graund Jurre, quant il fuist prest de passer.] 1495Act 11 Hen. VII, c. 21 If it be founden by the graunde Iurie in the same Atteynt that the petite Iury haven geven a true Verdite, that then the graunde Iurie shall have auctoritie and power to enquire if any of the petit Iury toke or perceyved any Somme of Money, or other rewarde [etc.]. 1523Fitzherb. Surv. 22 b, Euery man of the graunt iury, must haue landes to the value of .xx. li. of freholde. 1607J. Cowell Interpr. s.v., The Grand Iurie consisteth ordinarily of 24 graue and substantiall gentlemen..to consider of all bils of Inditement preferred to the court. 1635Irish Acts 10 Chas. I, c. 26 §3 The said Iustices..with the assent of the Grand-Iury, shall have power..to taxe..every Inhabitant..for the new building, repayring [etc.]..of such Bridges, Causeyes and Toghers. 1714Mandeville Fab. Bees (1725) I. Pref. 12 The book..has been presented by the grand-jury, and condemn'd by thousands who never saw a word of it. 1769Blackstone Comm. IV. xxiii. 301 As many as appear upon this panel are sworn upon the grand jury, to the amount of twelve at the least, and not more than twenty-three; that twelve may be a majority. 1817Parl. Deb. (Ho. Lords) 1825 Irish Grand Jury Presentment Bill... The Earl of Donoughmore opposed the measure..because..it deprived grand juries of the power of appointing their own officers. 1827Hallam Const. Hist. (1876) III. xvi. 271 The grand jury of Kent..presented accordingly a petition on the 8th of May 1701. 1881Henderson in Encycl. Brit. XIII. 240/1 The power of imposing county rates [in Ireland] is, except in the case of the county of Dublin, exercised by the grand juries..at the assizes.
c. petty (or petit) jury (in contradistinction to grand jury), trial jury, traverse jury, or common jury (in contradistinction to special jury): a jury which tries the final issue of fact in civil or criminal proceedings, and pronounces its decision in a ‘verdict’ upon which the court gives judgement.
1495[see prec.]. 1533More Debell. Salem Wks. 998/2 Yf it apere vnto the graund iurye in theyr conscience, that the petyt iury wylfully of som corrupt mynde regarded not the wytnesses. 1607in Cowel. 1711Addison Spect. No. 122 ⁋3 He..has been several times Foreman of the Petty-Jury. 1768Blackstone Comm. III. xxiii. 358 A common jury is one returned by the sheriff according to the directions of the statute 3 Geo. II. c. 25. which appoints that the sheriff..shall not return a separate panel for every separate cause, as formerly. 1863H. Cox Instit. ii. ix. 517 Where an information is filed..it must be tried by a special or petit jury.
d. special jury: a jury consisting of persons who (being on the Jurors' book) are of a certain station in society, as esquires, bankers, or merchants, or occupy a house or other premises of a certain rateable value. good jury: see quot. 1898.
a1726Gilbert Cas. Law & Eq. (1760) 130 The Court granted a rule for a good jury in Middlesex. 1730Act 3 Geo. II, c. 25 §15 In such manner as special Juries have been and are usually struck. 1768Blackstone Comm. III. xxiii. 357 Special juries were originally introduced in trials at bar, when the causes were of too great nicety for the discussion of ordinary freeholders; or where the sheriff was suspected of partiality. 1844Ld. Brougham Brit. Const. xix. §6 (1862) 351 Tried by a special jury—that is, by persons of a superior rank. 1870Sir W. Bovill in Law Rep. 5 C.P. 167 The practice of ordering a good jury existed long before the passing of the Acts which regulate special juries. 1898Thayer Evid. Com. Law 419 The development of the mercantile law by the use of special juries. 1898A. W. Donald in Encycl. Laws Eng. (Renton) VII. 154 A Good Jury—a jury obtained by a judge's order for the purposes of a writ of inquiry. In London since the passing of the Juries Act of 1825, the sheriffs on receiving an order for a good jury have treated it as an order for a special jury.
e. jury de medietate [med.L., = of halfness or moiety], a jury composed equally of two classes of men, a half-and-half jury; esp. (j. de medietate linguæ) one composed half of Englishmen and half of foreigners.
1768Blackstone Comm. III. xxiii. 360 Motion to the court for a jury de medietate linguæ. 1769Ibid. IV. x. 128 Imbezzling or vacating records..may be tried either in the king's bench or common pleas, by a jury de medietate: half officers of any of the superior courts, and the other half common jurors. Ibid. IV. xix. 278 By a jury formed de medietate, half of freeholders and half of matriculated persons, is the indictment to be tried [at Oxford]. 1870Act 33 Vict. c. 14 §5 From and after the passing of this Act, an alien shall not be entitled to be tried by a jury de medietate linguæ.
f. jury of matrons: a jury of discreet women impanelled to inquire into a case of alleged pregnancy.
1710–11Addison Tatler No. 116 ⁋1, I desired the Jury of Matrons, who stood at my Right Hand, to inform themselves of her Condition. 1769Blackstone Comm. IV. 395 In case this plea be made in stay of execution, the judge must direct a jury of twelve matrons or discreet women to inquire the fact. 1845Encycl. Brit. (ed. 8) s.v., A jury of matrons is resorted to, in a writ de ventre inspiciendo, or when a feminine prisoner condemned to death pleads pregnancy in stay of execution.
II. transf.
3. Applied historically to the body of dicasts (δικασταί) of ancient Athens, or the judices of ancient Rome, whose functions corresponded in part to those of an English jury.
1856C. R. Kennedy tr. Demosthenes Midias 63 The rudeness and the insolence, men of the jury, with which Midias uniformly behaves to all, are pretty well known, I imagine, both to you and to the rest of my fellow-countrymen. 1881S. H. Butcher Demosthenes i. (1893) 10 In the time of Lysias corrupt officials often told the jury point-blank that unless they gave an adverse verdict there would be no funds to pay their salaries. Ibid. 12 It is not easy to see how juries consisting of five hundred members or more could be effectively bribed.
4. A body of persons selected to award prizes in an exhibition or competition.
1851Illustr. Catal. Gt. Exhib. 30 In announcing the Prizes, the Commissioners laid down certain general principles for the guidance of the Juries. 1900Westm. Gaz. 8 May 10/1 The prize-jury..examined the merits of no fewer than 990 competitive stories.
†5. (from the usual number of persons in a jury in sense 1.) A company of twelve; a dozen. Obs.
1592Warner Alb. Eng. vii. xxxvi. (1612) 172 Three-headed Cerberus in chaines should make the Iurie full. 1649Fuller Just Man's Fun. 27 All the Jurie of the Apostles. 1650― Pisgah Ezek. Vis. i, A compleate square..with a just Jury of gates, three on each side.
III. 6. attrib. and Comb., as jury-packing, jury-panel, jury-roll, jury-room, jury service, jury system, jury-trial; jury-book, a book containing the names of persons liable to serve on juries; jury-box, an enclosed space in which the jury sit in court; jury chancellor, the foreman of a jury (in Scotland): = chancellor 8; jury-fixer U.S., one who bribes or otherwise illegally influences a jury or juror; so jury-fixing; jury-list, a list of persons liable to be summoned to act as jurymen; † jury-process, a writ formerly issued for the summoning of a jury; jury-trial, trial by jury; jury-woman, (a) one of a jury of matrons; (b) a female juror.
1870Act 33 & 34 Vict. c. 77 §12 No person whose name shall be in the *jury book as a juror shall be entitled to be excused from attendance.
1826Syd. Smith Wks. (1859) II. 112/2 He does not conjure the farmers in the *jury-box, by the love which they bear to their children. 1867Trollope Chron. Barset xli, The men in the jury-box may decide it how they will.
1867Carlyle Remin. ii. 10 The *jury chancellor..smote his now dry brow with a gesture of despair.
1882Washington Post 18 Mar. (Th.), There might be some scope in the proceedings before the Grand Jury for a ‘*jury fixer’. 1931Blue Valley Farmer (Okla. City) 24 Dec. 1/6 Fill the town with secret service men to catch the jury fixers.
1887Library Mag. Apr. 531/2 Bribery and *jury-fixing would speedily disappear. 1946C. McWilliams Southern California Country 245 The long and sordid aftermath, involving jury-fixing, bribery, and murder.
1825Act 6 Geo. IV, c. 50 §6 marg., High Constables to issue Precepts to Churchwardens, etc...to make out *Jury Lists.
1887Westm. Rev. June, An address, in which they complain..of *jury-packing; of the land tenure; of trade regulations confining them to certain markets. 1888Times (weekly ed.) 21 Dec. 2/4 The usual charge against the Executive of jury packing.
1891T. E. Bridgett Life Sir T. More 416 A *jury-panel was formed.
1828P. Cunningham N.S. Wales (ed. 3) II. 127 A chance would thus be afforded of having an honest man on the *jury-roll.
a1832Mackintosh Revol. 1688 Wks. 1846 II. 296 The friends of the Bishops watched at the door of the *jury-room, and heard loud voices at midnight.
1955Radio Times 22 Apr. 28/3 *Jury Service is often regarded as a tiresome duty. 1973E. McGirr Bardel's Murder i. 26, I got caught for jury service, six horrible days of it.
1875W. Stubbs Constitutional Hist. Eng. I. xiii. 611 Many writers of authority have maintained that the entire *jury system is indigenous in England. 1974Times 2 May 18/6 The acquittals..demonstrate the strength of a jury system which acquits when there is reasonable doubt.
1810Bentham Packing (1821) 91 When a political libel is the offence, the form of *jury trial is but a melancholy farce. 1844Ld. Brougham Brit. Const. ix. §3 (1862) 126 The use of Jury-trial is admirable..where a question of conflicting evidence arises.
1805E. de Acton Nuns of Desert I. 236 We wish to bribe her *Jury-women, but they are inflexible. 1883Wharton's Law-Lex. (ed. 7), Jury-woman, or Jury of Matrons.
1927Daily Tel. 24 May 17/6 The manner in which the recalcitrant jurywoman is eventually brought round is not altogether convincing. 1962Punch 21 Nov. 733/2 One of the two jury-women who made up our twelve disappeared completely during the last day's hearing.
Hence ˈjuryless a., without a jury.
1808Bentham Sc. Reform 29 By a wicked and jury-less Court of Conscience act. 1810― Packing (1821) 115 A Juryless Judge preferable to a covertly pensioned Jury.
▸ jury duty n. orig. and chiefly U.S. the (legal) obligation to serve on a jury; service on a jury; = jury service n. at Compounds 1.
1829Law Intelligencer Feb. 56 He had exercised or claimed no privileges as a citizen of Georgia, and when compelled to perform *jury duty, had protested against its compromising his privileges as a citizen of Rhode-Island. 1890North Amer. Rev. Aug. 143 The States will, as many do already, supplement the provisions of law by exempting the men from jury duty and militia tax. 1922Amer. Polit. Sci. Rev. 16 473 The court held that the Nineteenth Amendment by adding women to the body of qualified electors made them eligible to jury duty. 2003Courier-Mail (Brisbane) (Nexis) 17 Dec. 15 The Brisbane couple met when selected for jury duty in November last year and spent four weeks considering and deliberating the sometimes gory evidence in a murder trial. |