THE JURY TRIAL: AN ABSOLUTE RIGHT OR A CONDITIONAL PRIVILEGE?

The article presents the role of the Jury system in the Anglo-Saxon (common law), particularly the American legal system. It examines the constitutional and historical foundations of jury trials in the United States, comparing them with the approaches of the Roman-Germanic legal systems. The article aims to explore the origin, role, significance, and essence of the Jury institution, and ultimately help the reader understand whether the right to a jury trial is an absolute right or not. It also discusses which decisions belong to the jury and which belong to the judge, among other issues. The article unveils the procedural tools that effectively limit the right to a jury trial in the legal process. The article aims to investigate whether the right to a jury trial remains absolute or becomes a conditional right in the American legal system. The analysis is supported by recent statistical data and legal literature.