Juries are central to the constitutional structure of America. This Article articulates a theory of the jury as a "constitutional teaching moment," establishing a historical and theoretical basis for reclaiming the educative value of jury service. This Article addresses the fundamental question of why, despite an unquestioned acceptance of a constitutional role of the jury, our criminal justice system does not explain this role to jurors on jury duty. This Article seeks to answer the question of how we can educate jurors about the jury's constitutional role, while at the same time exploring the larger theoretical concerns with using the jury to renew civic engagement. Tracing the theme of the jury as a place of constitutional education from the Founding to the modern Supreme Court, this Article argues that this constitutional awareness was central to the jury's reputation and status in society. This Article concludes that reclaiming this sense of constitutional awareness through jury service will strengthen the jury as an institution, as a decisionmaker, and as a creator of democratic citizens. This Article offers sample jury instructions to begin this project of constitutional awareness suitable for trial courts to adopt and implement.
Andrew G. Ferguson,
Jury Instructions as Constitutional Education,
U. Colo. L. Rev.
Available at: https://scholar.law.colorado.edu/lawreview/vol84/iss2/2