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History of the internal combustion engine
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Various scientists and engineers contributed to the development of internal combustion engines. In 1791, John Barber developed a turbine. In 1794 Thomas Mead patented a gas engine. Also in 1794 Robert Street patented an internal combustion engine, which was also the first to use liquid fuel (gasoline), and built an engine around that time. In 1798, John Stevens designed the first American internal combustion engine. In 1807, French engineers Nicéphore (who went on to invent photography) and Claude Niépce ran a prototype internal combustion engine, using controlled dust explosions, the Pyréolophore. This engine powered a boat on the Saône river, France. The same year, the Swiss engineer François Isaac de Rivaz built an internal combustion engine ignited by electric spark. In 1823, Samuel Brown patented the first internal combustion engine to be applied industrially.
Father Eugenio Barsanti, an Italian engineer, together with Felice Matteucci of Florence invented the first real internal combustion engine in 1853. Their patent request was granted in London on June 12, 1854, and published in London's Morning Journal under the title "Specification of Eugene Barsanti and Felix Matteucci, Obtaining Motive Power by the Explosion of Gasses". In 1860, Belgian Jean Joseph Etienne Lenoir produced a gas-fired internal combustion engine. In 1864, Nikolaus Otto patented the first atmospheric gas engine. In 1872, American George Brayton invented the first commercial liquid-fueled internal combustion engine. In 1876, Nikolaus Otto, working with Gottlieb Daimler and Wilhelm Maybach, patented the compressed charge, four-cycle engine. In 1879, Karl Benz patented a reliable two-stroke gas engine. In 1892, Rudolf Diesel developed the first compressed charge, compression ignition engine. In 1926, Robert Goddard launched the first liquid-fueled rocket. In 1939, the Heinkel He 178 became the world's first jet aircraft. In 1954 German engineer Felix Wankel patented a "pistonless" engine using an eccentric rotary design.
Contents
[hide]
1 Prior to 1860
2 1860–1910
3 1920–1980
4 1980 to present
5 Engine starting
6 Modern vs. historical piston engines
7 See also
8 References
9 Further reading
Prior to 1860[edit]
al-Jazari's hydropowered saqiya chain pump device
Model of the Barsanti-Matteucci engine (1853) in the Osservatorio Ximeniano in Florence
Early internal combustion engines were used to power farm equipment similar to these models.
202 BCE–220 CE: The earliest hand-operated cranks appeared in China during the Han Dynasty.[1]
3rd century CE: Evidence of a crank and connecting rod mechanism dates to the Hierapolis sawmill in Asia Minor (Turkey), then part of the Roman Empire.
6th century: Several sawmills use a crank and connecting rod mechanism in Asia Minor and Syria, then part of the Byzantine Empire.
9th century: The crank appears in the mid-9th century in several of the hydraulic devices described by the Banū Mūsā brothers in their Book of Ingenious Devices.[2]
1206: Al-Jazari invented an early crankshaft,[3][4] which he incorporated with a crank-connecting rod mechanism in his twin-cylinder pump. Like the modern crankshaft, Al-Jazari's mechanism consisted of a wheel setting several crank pins into motion, with the wheel's motion being circular and the pins moving back-and-forth in a straight line.[3] The crankshaft described by al-Jazari[3][4] transforms continuous rotary motion into a linear reciprocating motion.
17th century: Samuel Morland experiments with using gunpowder to drive water pumps.
17th century: Christiaan Huygens designs gunpowder to drive water pumps, to supply 3000 cubic meters of water/day for the Versailles palace gardens, essentially creating the first idea of a rudimentary internal combustion piston engine.
1780s: Alessandro Volta built a toy electric pistol[5] in which an electric spark exploded a mixture of air and hydrogen, firing a cork from the end of the gun.
1791: John Barber receives British patent #1833 for A Method for Rising Inflammable Air for the Purposes of Producing Motion and Facilitating Metallurgical Operations. In it he describes a turbine.
1794: Robert Street built a compressionless engine. He was also the first to use liquid fuel in an internal combustion engine.[6]
1794: Thomas Mead patents a gas engine.[7]
1798: John Stevens builds the first double-acting, crankshaft-using internal combustion engine.
1801: Philippe LeBon D'Humberstein comes up with the use of compression in a two-stroke engine.
1807: Nicéphore Niépce installed his "moss, coal-dust and resin" fueled Pyréolophore internal combustion engine in a boat and powered up the river Saône in France. A patent was subsequently granted by Emperor Napoleon Bonaparte on 20 July 1807.
1807: Swiss engineer François Isaac de Rivaz built an internal combustion engine powered by a hydrogen and oxygen mixture, and ignited by electric spark. (See 1780s: Alessandro Volta above.)[8]
1823: Samuel Brown patented the first internal combustion engine to be applied industrially. It was compressionless and based on what Hardenberg[9] calls the "Leonardo cycle", which, as the name implies, was already out of date at that time.
1824: French physicist Sadi Carnot established the thermodynamic theory of idealized heat engines.
1826 April 1: American Samuel Morey received a patent for a compressionless "Gas or Vapor Engine."[9] This is also the first recorded example of a carburetor.
1833: Lemuel Wellman Wright, UK patent no. 6525, table-type gas engine. Double-acting gas engine, first record of water-jacketed cylinder.[10]
1838: A patent was granted to William Barnett, UK patent no. 7615 April 1838. According to Dugald Clerk, this was the first recorded use of in-cylinder compression.[11]
1853–1857: Eugenio Barsanti and Felice Matteucci invented and patented an engine using the free-piston principle in an atmospheric two cycle engine.[12][13]
1856: in Florence at Fonderia del Pignone (now Nuovo Pignone, later a subsidiary of General Electric), Pietro Benini realized a working prototype of the Italian engine supplying 5 HP. In subsequent years he developed more powerful engines—with one or two pistons—which served as steady power sources, replacing steam engines.
1857: Eugenio Barsanti and Felice Matteucci describe the principles of the free piston engine where the vacuum after the explosion allows atmospheric pressure to deliver the power stroke (British patent no. 1625).
[13]
1860–1910[edit]
Patent of Otto-Langen engine 1863
Sir Dugald Clerk's two cycle engine from 1879
This internal combustion engine was an integral aspect of the patent for the first patented automobile, made by Karl Benz on January 29, 1886.
Karl Benz
1860: Belgian Jean Joseph Etienne Lenoir (1822–1900) produced a gas-fired internal combustion engine similar in appearance to a horizontal double-acting steam engine, with cylinders, pistons, connecting rods, and flywheel in which the gas essentially took the place of the steam. This was the first internal combustion engine to be produced in numbers.
1861: Nikolaus Otto builds a copy of the Lenoir engine.
1862: Nikolaus Otto attempts the construction of the compressed charge four cycle engine, and fails.
1862: The earliest confirmed patent of the 4-cycle engine, by Alphonse Beau de Rochas. This was principle only, there was NO engine built to prove the concept.
1862: The German Nikolaus Otto begins to manufacture a no compression gas Lenoir engine with a free piston.[14]
1864: Nikolaus Otto, patented in England and other countries his first atmospheric gas engine. Otto was the first to build and sell this type of compressionless engine designed with an indirect-acting free-piston, whose great efficiency won the support of Eugen Langen and then most of the market, which at that time was mainly for small stationary engines fueled by lighting gas. Eugen Langen collaborated with Otto in the design and they began to manufacture it in 1864.[15]
1865: Pierre Hugon started production of the Hugon engine, similar to the Lenoir engine, but with better economy, and more reliable flame ignition.
1867: Otto and Langen exhibited their free piston engine at the Paris Exhibition in 1867, and they won the greatest award. It had less than half the gas consumption of the Lenoir or Hugon engines.
1870: In Vienna, Siegfried Marcus put the first mobile gasoline and the first modern internal combustion engine on a handcart.
1872: In America George Brayton invented Brayton's Ready Motor and went into commercial production, this used constant pressure combustion, and was the first commercial liquid fuelled internal combustion engine.
1876: Nikolaus Otto, working with Gottlieb Daimler and Wilhelm Maybach, patented the compressed charge, four-stroke engine.[16] The German courts, however, did not hold his patent to cover all in-cylinder compression engines or even the four-stroke cycle, and after this decision, in-cylinder compression became universal.
1878: Dugald Clerk designed the first two-stroke engine with in-cylinder compression. He patented it in England in 1881.
1879: Karl Benz, working independently, was granted a patent for his reliable two-stroke, internal combustion engine, gas engine.
1882: James Atkinson invented the Atkinson cycle engine. Atkinson's engine had one power phase per revolution together with different intake and expansion volumes, potentially making it more efficient than the Otto cycle, but certainly avoiding Otto's patent.
1884: British engineer Edward Butler constructed the first petrol (gasoline) internal combustion engine. Butler invented the spark plug, ignition magneto, coil ignition and spray jet carburetor, and was the first to use the word petrol.[17]
1885: German engineer Gottlieb Daimler received a German patent for a supercharger [18]
1885/1886 Karl Benz designed and built his own four-stroke engine that was used in his automobile, which was developed in 1885, patented in 1886, and became the first automobile in series production.
1887: Gustaf de Laval introduces the de Laval nozzle
1889: Félix Millet begins development of the first vehicle to be powered by a rotary engine in transportation history.
1891: Herbert Akroyd Stuart built his oil engine, leasing rights to Hornsby of England to build them. They built the first cold-start compression-ignition engines. In 1892, they installed the first ones in a water pumping station. In the same year, an experimental higher-pressure version produced self-sustaining ignition through compression alone.
1892: Rudolf Diesel developed the first compressed charge, compression ignition engine .[19]
1893 February 23: Rudolf Diesel received a patent for his compression ignition (diesel) engine.
1896: Karl Benz invented the boxer engine, also known as the horizontally opposed engine, or the flat engine, in which the corresponding pistons reach top dead center at the same time, thus balancing each other in momentum.
1897: Robert Bosch was the first to adapt a magneto ignition to a vehicle engine.
1898: Fay Oliver Farwell designs the prototype of the line of Adams-Farwell automobiles, all to be powered with three or five cylinder rotary internal combustion engines.
1900: Rudolf Diesel demonstrated the diesel engine in the 1900 Exposition Universelle (World's Fair) using peanut oil fuel (see biodiesel).[20]
1900: Wilhelm Maybach designed an engine built at Daimler Motoren Gesellschaft—following the specifications of Emil Jellinek—who required the engine to be named Daimler-Mercedes after his daughter. In 1902 automobiles with that engine were put into production by DMG.[21][22]
1903: Konstantin Tsiolkovsky begins a series of theoretical papers discussing the use of rocketry to reach outer space. A major point in his work is liquid fueled rockets.
1903: Ægidius Elling builds a gas turbine using a centrifugal compressor which runs under its own power. By most definitions, this is the first working gas turbine.
1905: Alfred Buchi patents the turbocharger and starts producing the first examples.
1903–1906: The team of Armengaud and Lemale in France build a complete gas turbine engine. It uses three separate compressors driven by a single turbine. Limits on the turbine temperatures allow for only a 3:1 compression ratio, and the turbine is not based on a Parsons-like "fan", but a Pelton wheel-like arrangement. The engine is so inefficient, at about 3% thermal efficiency, that the work is abandoned.
1908: New Zealand inventor Ernest Godward started a motorcycle business in Invercargill and fitted the imported bikes with his own invention–a petrol economiser. His economisers worked as well in cars as they did in motorcycles.
1908: Hans Holzwarth starts work on extensive research on an "explosive cycle" gas turbine,[23] based on the Otto cycle. This design burns fuel at a constant volume and is somewhat more efficient. By 1927, when the work ended, he has reached about 13% thermal efficiency.
1908: René Lorin patents a design for the ramjet engine.
1916: Auguste Rateau suggests using exhaust-powered compressors to improve high-altitude performance, the first example of the turbocharger.
1920–1980[edit]
1920: William Joseph Stern reports to the Royal Air Force that there is no future for the turbine engine in aircraft. He bases his argument on the extremely low efficiency of existing compressor designs. Due to Stern's eminence, his paper is so convincing there is little official interest in gas turbine engines anywhere, although this does not last long.
1921: Maxime Guillaume patents the axial-flow gas turbine engine. It uses multiple stages in both the compressor and turbine, combined with a single very large combustion chamber.
1923: Edgar Buckingham at the United States National Bureau of Standards publishes a report on jets, coming to the same conclusion as W.J. Stern, that the turbine engine is not efficient enough. In particular he notes that a jet would use five times as much fuel as a piston engine.[24]
1925: The Hesselman engine is introduced by Swedish engineer Jonas Hesselman represented the first use of direct gasoline injection on a spark-ignition engine.[25][26]
1925: Wilhelm Pape patents a constant-volume engine design.
1926: Alan Arnold Griffith publishes his groundbreaking paper Aerodynamic Theory of Turbine Design, changing the low confidence in jet engines. In it he demonstrates that existing compressors are "flying stalled", and that major improvements can be made by redesigning the blades from a flat profile into an airfoil, going on to mathematically demonstrate that a practical engine is definitely possible and showing how to build a turboprop.
1926: Robert Goddard launches the first liquid-fueled rocket
1927: Aurel Stodola publishes his "Steam and Gas Turbines"—basic reference for jet propulsion engineers in the US.
1927: A testbed single-shaft turbo-compressor based on Griffith's blade design is tested at the Royal Aircraft Establishment.
1929: Frank Whittle's thesis on jet engines is published
1930: Schmidt patents a pulse-jet engine in Germany.
1935: Hans von Ohain creates plans for a turbojet engine and convinces Ernst Heinkel to develop a working model. Along with a single mechanic von Ohain develops the worlds first turbojet on a test stand.
1936: French engineer René Leduc, having independently rediscovered René Lorin's design, successfully demonstrates the world's first operating ramjet.
1937: The first successful run of Sir Frank Whittle's gas turbine for jet propulsion.
March, 1937: The Heinkel HeS 1 experimental hydrogen fueled centrifugal jet engine is tested at Hirth.
27 August 1939: Flight of the world's first turbojet power aircraft. Hans von Ohain's Heinkel He 178 V1 pioneer turbojet aircraft prototype makes its first flight, powered by an He S 3 von Ohain engine.
15 May 1941: The Gloster E.28/39 becomes the first British jet-engined aircraft to fly, using a Power Jets W.1 turbojet designed by Frank Whittle and others.
1942: Max Bentele discovers in Germany that turbine blades can break if vibrations are in its resonance range, a phenomenon already known in the US from the steam turbine experience.
18 July 1942: The Messerschmitt Me 262 first jet engine flight
1946: Samuel Baylin develops the Baylin Engine a three cycle internal combustion engine with rotary pistons. A crude but complex example of the future Wankel engine.[27]
1951: Engineers for The Texas Company—i.e. now Chevron—developed a four stroke engine with a fuel injector that employed what was called the Texaco Combustion Process, which unlike normal four stroke gasoline engines which used a separate valve for the intake of the air-gasoline mixture, with the T.C.P. engine the intake valve with a built in special shroud delivers the air to the cylinder in a tornado type fashion and then the fuel is injected and ignited by a spark plug. The inventors claimed their engine could burn on almost any petroleum based fuel of any octane and even some alcohol based fuels—e.g. kerosene, benzine, motor oil, tractor oil, etc.—without the pre-combustion knock and the complete burning of the fuel injected into the cylinder. While development was well advanced by 1950, there are no records of the T.C.P. engine being used commercially.[28]
1950s: Development begins by US firms of the Free-piston engine concept which is a crankless internal combustion engine.[29]
1954: Felix Wankel's first working prototype DKM 54 of the Wankel engine
1980 to present[edit]
1986: Benz Gmbh[30] files for patent protection for a form of Scotch yoke engine and begins development of same. Development subsequently abandoned.
1996: Ford Motor Company files patent for compact turbine engine.[31]
2004: Hyper-X first scramjet to maintain altitude
2004: Toyota Motor Corp files for patent protection for new form of Scotch yoke engine.[32]
Engine starting[edit]
Main article: Starter motor
Early internal combustion engines were started by hand cranking. Various types of starter motor were later developed. These included:
An auxiliary petrol engine for starting a larger petrol or diesel engine. The Hucks starter is an example
Cartridge starters, such as the Coffman engine starter, which used a device like a blank shotgun cartridge. These were popular for aircraft engines
Pneumatic starters
Hydraulic starters
Electric starters
Electric starters are now almost universal for small and medium-sized engines, while pneumatic starters are used for large engines.
Modern vs. historical piston engines[edit]
The first piston engines did not have compression, but ran on an air-fuel mixture sucked or blown in during the first part of the intake stroke. The most significant distinction between modern internal combustion engines and the early designs is the use of compression of the fuel charge prior to combustion.
The problem of ignition of fuel was handled in early engines with an open flame and a sliding gate. To obtain a faster engine speed Daimler adopted a Hot Tube ignition which allowed 600 rpm immediately in his 1883 horizontal cylinder engine and very soon after over 900 rpm. Most of the engines of that time could not exceed 200 rpm due to their ignition and induction systems.[33]
The first practical engine, Lenoir's, ran on illuminating gas (coal gas). It wasn't until 1883, that Daimler created an engine that ran on liquid petroleum, a fuel called Ligroin which has a chemical makeup of Hexane-N. The fuel is also known as petroleum naptha.
Otto's first engines were push engines which produced a push through the entire stroke (like a Diesel). Daimler's engines produced a rapid pulse, more suitable for mobile engine use.
See also[edit]
Bertha Benz Memorial Route, commemorating the world's first long distance journey with an automobile propelled by an internal combustion engine in 1888.
Harry Ricardo
Timeline of heat engine technology
Timeline of motor vehicle brands
References[edit]
Jump up ^ Needham, Joseph. (1986). Science and Civilization in China: Volume 4, Part 2, Mechanical Engineering. Taipei: Caves Books, Ltd. Pages 118–119.
Jump up ^ A. F. L. Beeston, M. J. L. Young, J. D. Latham, Robert Bertram Serjeant (1990), The Cambridge History of Arabic Literature, Cambridge University Press, p. 266, ISBN 0-521-32763-6
^ Jump up to: a b c Sally Ganchy, Sarah Gancher (2009), Islam and Science, Medicine, and Technology, The Rosen Publishing Group, p. 41, ISBN 1-4358-5066-1
^ Jump up to: a b Paul Vallely, How Islamic Inventors Changed the World, The Independent, 11 March 2006.
Jump up ^ "ELECTRIC PISTOL". ppp.unipv.it.
Jump up ^ "The Early History of Combustion Engines".
Jump up ^ Spies, Albert. "Modern gas and oil engines". [New York, The Cassier's magazine company – via Internet Archive.
Jump up ^ "The History of the Automobile - Gas Engines". About.com. 2009-09-11. Retrieved 2009-10-19.
^ Jump up to: a b Hardenberg, Horst O. (1992). Samuel Morey and his atmospheric engine. SP-922. Warrendale, Pa.: Society of Automotive Engineers. ISBN 1-56091-240-5.
Jump up ^ Dugald Clerk, "Gas and Oil Engines", Longman Green & Co, (7th Edition) 1897, pp 3-5.
Jump up ^ Dugald Clerk, "Gas and Oil Engines", Longman Green & Co, 1897.
Jump up ^ "The Historical Documents". Barsanti e Matteucci. Fondazione Barsanti & Matteucci. 2009. Retrieved 2013-11-01.
^ Jump up to: a b Ricci, G.; et al. (2012). "The First Internal Combustion Engine". In Starr, Fred; et al. The Piston Engine Revolution. London: Newcomen Society. pp. 23–44. ISBN 978-0-904685-15-2. CS1 maint: Explicit use of et al. (link)
Jump up ^ Machines: A Pictorial History; Sigvard Strandh. ISBN 84-86115-20-5
Jump up ^ http://services.eng.uts.edu.au/~johnd/ICEngines/HISTORY%20OF%20THE%20OTTO.pdf
Jump up ^ Zeleznik, F. J.; Mcbride, B. J. "Modeling the Internal Combustion Engine". NASA Reference Publication. NASA Technical Reports Server. Retrieved 18 October 2011.
Jump up ^ "Hiram Maxim and Edward Butler:Two local inventors". Bexley. Bexley. Archived from the original on 15 February 2016. Retrieved 11 April 2016.
Jump up ^ "Gottlieb Daimler".
Jump up ^ DE patent 67207 Rudolf Diesel: "Arbeitsverfahren und Ausführungsart für Verbrennungskraftmaschinen" pg 4.
Jump up ^ Martin Leduc, "Biography of Rudolph Diesel" Archived 2010-06-11 at the Wayback Machine.
Jump up ^ "Wilhelm Maybach". www.nndb.com.
Jump up ^ The history behind the Mercedes-Benz brand and the three-pointed star. eMercedesBenz.com. April 17, 2008.
Jump up ^ Museum, Deutsches. "Deutsches Museum: Holzwarth Gas Turbine, 1908". www.deutsches-museum.de.
Jump up ^ "Report #159" (PDF). casi.ntrs.nasa.gov.
Jump up ^ Scania fordonshistoria 1891-1991 (in Swedish). 1992. ISBN 91-7886-074-1. (Translated title: Vehicle history of Scania 1891-1991)
Jump up ^ Volvo – Lastbilarna igår och idag (in Swedish). 1987. ISBN 91-86442-76-7. (Translated title: Volvo trucks yesterday and today)
Jump up ^ "How the Baylin Engine Works." Popular Mechanics, July 1946, pp. 131-132.
Jump up ^ "Engine With A Built In Tornado." Popular Mechanic, September 1950, pp. 94-95.
Jump up ^ "Revolution of the Free-Piston Engine" Popular Mechanics, September 1950, pp. 114-118.
Jump up ^ "BENZ GmbH Werkzeugsysteme". www.benz-tools.de.
Jump up ^ "US Patent # 5,584,174. Power turbine flywheel assembly for a dual shaft turbine engine - Patents.com". patents.com.
Jump up ^ Patent application number: JP2004293387.
Jump up ^ "1883: High-speed engine with hot-tube ignition".
Further reading[edit]
Sloss, Robert (January 1911). "The Children Of The Gas-Engine: The Revolution In Speed And In Convenience In Transportation - Automobiles, Motor-Cycles, Motor-Boats, Aeroplanes And Other Queer Craft That Ten Years Have Brought". The World's Work: A History of Our Time. XXI: 13869–13877. Retrieved 2009-07-10.
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Juries in the United States
From Wikipedia, the free encyclopedia
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The most outstanding feature in the United States is that verdicts in criminal cases must be unanimous.
There are three types of juries in the United States: criminal grand juries, criminal petit juries, and civil juries. In the United States Constitution, juries are mentioned in Article Three and the Fifth, the Sixth, and the Seventh Amendments.[1] Juries are not available in courts of American Samoa established pursuant to the Constitution of American Samoa.
Contents
[hide]
1 History
2 Federal jury trial rights
2.1 Criminal juries
2.1.1 Grand jury
2.1.2 Petit jury
2.1.2.1 Scope of constitutional right
2.1.2.2 Sentencing
2.1.2.3 Waiver
2.2 Civil juries
2.2.1 Seventh Amendment
2.2.2 Federal Rules of Civil Procedure
2.2.3 Waiver
3 Jury selection
4 Criticism
5 References
History[edit]
The U.S. Declaration of Independence accused George III of "depriving us in many cases, of the benefits of trial by jury."
Article III of the U.S. Constitution states that all trials shall be by jury. The right was expanded with the Sixth Amendment to the United States Constitution, which states in part, "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," and the Seventh Amendment to the United States Constitution, which guarantees a jury trial in civil cases.
The U.S. Supreme Court noted the importance of the jury right in its 1968 ruling of Duncan v. Louisiana. In Duncan, the Court said:
Those who wrote our constitutions knew from history and experience that it was necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority. The framers of the constitutions strove to create an independent judiciary but insisted upon further protection against arbitrary action. Providing an accused with the right trial by a jury of his peers gave him an inestimable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge.[2]
Federal jury trial rights[edit]
Criminal juries[edit]
Grand jury[edit]
Main article: Grand juries in the United States
A grand jury decides whether or not there is enough evidence ("probable cause") that a person has committed a crime in order to put him or her on trial. If a grand jury decides there is enough evidence, the person is indicted. A grand jury has 16-23 members, and its proceedings are not open to the public. Unlike a petit jury, defendants and their attorneys do not have the right to appear before the grand jury.[3]
Petit jury[edit]
A petit jury, also known as a trial jury, is the standard type of jury used in criminal cases in the United States. Petit juries are responsible for deciding whether or not a defendant is guilty of violating the law in a specific case. They consist of 6-12 people and their deliberations are private. Their decision is known as a verdict and decides whether a person is guilty or not guilty.[3]
Scope of constitutional right[edit]
Currently in the United States every person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury, which arises in federal court from the Sixth Amendment, the Seventh Amendment, and Article Three of the United States Constitution, which states in part, "The Trial of all Crimes...shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed". Most states' constitutions also grant the right of trial by jury in lesser criminal matters, though most have eliminated that right in offenses punishable by fine only. The Supreme Court has ruled that if imprisonment is for six months or less, trial by jury is not required,[4] meaning a state may choose whether or not to permit trial by jury in such cases.
Specifically, the Supreme Court has held that no offense can be deemed 'petty' for purposes of the right to trial by jury where imprisonment for more than six months is authorized. Justice Black and Justice Douglas concurred, stating that they would have required a jury trial in all criminal proceedings in which the sanction imposed bears the indicia of criminal punishment. Chief Justice Burger, Justice Harlan and Justice Stewart objected to setting this limitation at six months for the States, preferring to give them greater leeway.[4][5] No jury trial was required when the trial judge suspended sentence and placed defendant on probation for three years.[6] There is a presumption that offenses carrying a maximum imprisonment of six months or less are petty, although it is possible that such long an offense could be pushed into the serious category if the legislature tacks on onerous penalties not involving incarceration. No jury trial is required, however, when the maximum sentence is six months in jail, a fine not to exceed $1,000, a 90-day driver's license suspension, and attendance at an alcohol abuse education course. The Supreme Court found that the disadvantages of such a sentence, "onerous though they may be, may be outweighed by the benefits that result from speedy and inexpensive nonjury adjudications."[7] Such interpretations have been criticized on the grounds that "all" is not a word that constitution-makers use lightly.[8]
In the case of traffic offenses punishable by fine only (including parking tickets), and misdemeanor charges providing for imprisonment of six months or less, the availability of trial by jury varies from state to state, usually providing only for bench trials. The two exceptions are Vermont and Virginia, which provide the defendant with the right to a jury trial in all cases, which means if one is willing to pay the cost in case of a loss, one may even obtain a jury trial for a parking ticket in those states. In Virginia, one wanting a jury trial on a minor misdemeanor or traffic offense would actually have a right to two trials if they wanted a jury trial on the issue, first by bench trial only in District court, and then, if they lost, to a trial de novo in Circuit court, this time with a jury if they chose to do so.
Many juvenile court systems do not recognize a right to jury trial, on the grounds that juvenile proceedings are civil rather than criminal, and that jury trials would cause the process to become adversarial.[9]
Sentencing[edit]
In the cases Apprendi v. New Jersey,[10] and Blakely v. Washington,[11] the Supreme Court of the United States held that a criminal defendant has a right to a jury trial not only on the question of guilt or innocence, but any fact used to increase the defendant's sentence beyond the maximum otherwise allowed by statutes or sentencing guidelines. This invalidated the procedure in many states and the federal courts that allowed sentencing enhancement based on "a preponderance of evidence", where enhancement could be based on the judge's findings alone. Depending upon the state a jury must be unanimous for either a guilty or not guilty decision. In the event of a hung jury, charges against the defendant are not dropped and can be reinstated if the state so chooses. In the federal system, a unanimous verdict is required.[12]
Waiver[edit]
The vast majority of U.S. criminal cases are not concluded with a jury verdict, but rather by plea bargain. Both prosecutors and defendants often have a strong interest in resolving the criminal case by negotiation resulting in a plea bargain. If the defendant waives a jury trial, a bench trial is held. Research indicates there is not a consistent difference between penalties handed down in jury trials and those handed down in bench trials.[13]
In United States Federal courts, there is no absolute right to waive a jury trial.[14] Per Federal Rule of Criminal Procedure 23(a), only if the prosecution and the court consent may a defendant have a waiver of jury trial.[15] However, most states give the defendant the absolute right to waive a jury trial. The right to a jury trial is exclusively that of the criminal defendant; where one has the right to waive a jury trial, and does so, the prosecution cannot ask for one. In Patton v. United States,[16] one of the jurors became incapacitated and counsel for the defendant and the government agreed to continue with 11 jurors. The U.S. Supreme Court ruled that this was acceptable if the prosecution and the court, as well as the defendant, agreed to this procedure.
Civil juries[edit]
Seventh Amendment[edit]
Main article: Seventh Amendment to the United States Constitution
The right to trial by jury in a civil case is addressed by the 7th Amendment, which provides: "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 re-examined in any Court of the United States, than according to the rules of the common law."[17] Although the civil jury (unlike the criminal jury) has fallen into disuse in much of the rest of the world, including England, it remains in high esteem in the United States. In Joseph Story's 1833 treatise Commentaries on the Constitution of the United States, he wrote, "[I]t is a most important and valuable amendment; and places upon the high ground of constitutional right the inestimable privilege of a trial by jury in civil cases, a privilege scarcely inferior to that in criminal cases, which is conceded by all to be essential to political and civil liberty." Nearly every state constitution contains a similar guarantee.[18]
The 7th Amendment does not create any right to a jury trial; rather, it "preserves" the right to jury trial that existed in 1791 at common law.[19] In this context, common law means the legal environment the United States inherited from England at the time. In England in 1791, civil actions were divided into actions at law and actions in equity. Actions at law had a right to a jury, actions in equity did not.
The decision in Rachal v. Hill,[20] indicated that 7th Amendment right to jury trial may severely limit developments in the principles of res judicata.[20] Some critics believe that the United States has more trial by jury than is necessary or desirable.[21]
The right to a jury trial is determined based upon the a demand in the complaint brought by a Plaintiff, without regard to the defenses or counterclaims asserted by a defendant.
The right to a jury trial in civil cases does not extend to the states, except when a state court is enforcing a federally created right, of which the right to trial by jury is a substantial part.[22]
It has been suggested that in complex litigation, the jury's inability to comprehend the issues may cause the 7th Amendment right to conflict with due process rights and authorize the judge to strike the jury.[23]
The right to trial by jury in bankruptcy cases has been described as unclear.[24]
In Colgrove v. Battin,[25] the Supreme Court held that a civil jury of six members did not violate the Seventh Amendment right to trial by jury in a civil case.
Federal Rules of Civil Procedure[edit]
Federal Rules of Civil Procedure Rule 2 says "[t]here is one form of action - the civil action[,]" which abolishes the legal/equity distinction. Today, in actions that would have been "at law" in 1791, there is a right to a jury; in actions that would have been "in equity" in 1791, there is no right to a jury. However, Federal Rule of Civil Procedure 39(c) allows a court to use one at its discretion. To determine whether the action would have been legal or equitable in 1791, one must first look at the type of action and whether such an action was considered "legal" or "equitable" in 1791. Next, the relief being sought must be examined. Monetary damages alone were purely a legal remedy, and thus entitled to a jury. Non-monetary remedies such as injunctions, rescission, and specific performance were all equitable remedies, and thus up to the judge's discretion, not a jury. In Beacon Theaters v. Westover,[26] the U.S. Supreme Court discussed the right to a jury, holding that when both equitable and legal claims are brought, the right to a jury trial still exists for the legal claim, which would be decided by a jury before the judge ruled on the equitable claim.
Following the English tradition, U.S. juries have usually been composed of 12 jurors, and the jury's verdict has usually been required to be unanimous. However, in many jurisdictions, the number of jurors is often reduced to a lesser number (such as five or six) by legislative enactment, or by agreement of both sides. Some jurisdictions also permit a verdict to be returned despite the dissent of one, two, or three jurors.[citation needed] Federal Rule of Civil Procedure 48 states that a federal civil jury must begin with at least 6 and no more than 12 members, and that the verdict must be unanimous unless the parties stipulate otherwise.[27]
Waiver[edit]
Alternative dispute resolution is becoming increasingly common.[28] Mandatory binding arbitration has been used by some parties to prevent the 7th Amendment right to a civil jury trial from being invoked.[29] Arbitration agreements are becoming increasingly common in the marketplace, to the point at which it is becoming difficult for consumers to purchase products without waiving their right to settle disputes arising out of the transaction by jury trial.[30] It has been argued that arbitration clauses should be held to a higher "knowing-consent" standard in order to be upheld.[31]
Jury selection[edit]
A nineteenth-century painting of a jury
Main article: Jury selection in the United States
Jurors in some states are selected through voter registration and drivers' license lists. A form is sent to prospective jurors to pre-qualify them by asking the recipient to answer questions about citizenship, disabilities, ability to understand the English language, and whether they have any conditions that would excuse them from being a juror. If they are deemed qualified, a summons is issued. In the federal system, jurors are selected in accordance with the Jury Selection Act.
Criticism[edit]
See also: Jury § Advantages and Disadvantages of a jury system
It has been proposed that the federal civil jury system be abolished in order to clean up the backlog of cases, keep court calendars current, and obtain better and more efficient administration of justice.[32] Research indicates that while civil trials may proceed more slowly before a jury, judge-tried cases last longer on the docket.[33]
Proposals to abolish the jury system have been criticized on the grounds that only reform, not abolition, is necessary; and that there is no better alternative system.[34] Juror ignorance has been described as a potential threat to justice; for instance, one study found that 50% of jurors surveyed thought that it was up to the defendant to prove his innocence.[35] The growing use of administrative procedures and of the contempt power to enforce law has been cited as evidence that trial by jury is facing a period of critical re-examination.[36]
Some legal journals have speculated that jury trials encourage harsh punishment in the United States.[37]
References[edit]
Jump up ^ http://www.juryinfo.org/Home.aspx
Jump up ^ Duncan v. Louisiana, 391 U.S. 145 (1968).
^ Jump up to: a b "Types of Juries". United States Courts. Retrieved 2015-12-01.
^ Jump up to: a b Baldwin v. New York, 399 U.S. 66 (1970)
Jump up ^ Williams v. Florida, 399 U.S. 78 (1970)
Jump up ^ Frank v. United States, 395 U.S. 147 (1969)
Jump up ^ Blanton v. City of North Las Vegas, 489 U.S. 538 (1989)
Jump up ^ Langbein, John H. (1992), On the Myth of Written Constitutions: The Disappearance of Criminal Jury Trial, 15, Harv. J. L. & Pub. Pol'y, p. 119
Jump up ^ Larsen, Korine L. (1994), With Liberty and Juvenile Justice for All: Extending the Right to a Jury Trial to the Juvenile Courts, 20, Wm. Mitchell L. Rev., p. 835
Jump up ^ Apprendi v. New Jersey, 530 U.S. 466 (2000)
Jump up ^ Blakely v. Washington, 542 U.S. 296 (2004)
Jump up ^ Rule 31, Federal Rules of Criminal Procedure
Jump up ^ NJ King; DA Soule; S Steen; RR Weidner (2005), When Process Affects Punishment: Differences in Sentences After Guilty Plea, Bench Trial, and Jury Trial in Five Guidelines States, Columbia Law Review, JSTOR 4099426
Jump up ^ Singer v. United States, 380 U.S. 24 (1965)
Jump up ^ Rule 23. Jury or Nonjury Trial, Federal Rules of Criminal Procedure
Jump up ^ Patton v. United States, 281 U.S. 276 (1930)
Jump up ^ "The Constitution of the United States of America". Gpoaccess.gov. Archived from the original on 2008-09-19. Retrieved 2008-09-06.
Jump up ^ Right to a Jury Trial in Civil Actions; James, Fleming Jr., 72, Yale L.J., 1962–1963, p. 655
Jump up ^ Redish, Martin H. (1975–1976), Seventh Amendment Right to Jury Trial: A Study in the Irrationality of Rational Decision Making, 70, Nw. U. L. Rev., p. 486
^ Jump up to: a b Rachal v. Hill, 435 F.2d 59 (5th. Cir. 1970)
Jump up ^ Shapiro, David L.; Coquillette, Daniel R. (1971–1972), Fetish of Jury Trial in Civil Cases: A Comment on Rachal v. Hill, The, 85, Harv. L. Rev., p. 442
Jump up ^ "CRS/LII Annotated Constitution Seventh Amendment". Law.cornell.edu. Retrieved 2008-09-06.
Jump up ^ Oakes, Jeffrey (1979–1980), Right to Strike the Jury Trial Demand in Complex Litigation, The, 34, U. Miami L. Rev., p. 243
Jump up ^ Cyr, Conrad K. (1989), The Right to Trial by Jury in Bankruptcy: Which Judge is to Preside, 63, Am. Bankr. L.J., p. 53
Jump up ^ Colgrove v. Battin, 413 U.S. 149 (1973)
Jump up ^ Beacon Theaters v. Westover, 359 U.S. 500 (1959)
Jump up ^ Rule 48, Federal Rules of Civil Procedure
Jump up ^ Alternative Dispute Resolution: Panacea or Anathema; Edwards, Harry T., 99, Harv. L. Rev., 1985–1986, p. 668
Jump up ^ Sternlight, Jean R. (2000–2001), Mandatory Binding Arbitration and the Demise of the Seventh Amendment Right to a Jury Trial, 16, Ohio St. J. Disp. Resol., p. 669
Jump up ^ Sternlight, Jean R. (2003–2004), Rise and Spread of Mandatory Arbitration as a Substitute for the Jury Trial, The, 38, U.S.F. L. Rev., p. 17
Jump up ^ Ware, Stephen (2003), Contractual Arbitration, Mandatory Arbitration, and State Constitutional Jury-Trial Rights, USFL Rev.
Jump up ^ Devitt, Edward J. (1974), Federal Civil Jury Trials Should Be Abolished, 60, A.B.A. J., p. 570
Jump up ^ Eisenberg, Theodore; Clermont, Kevin M. (1995–1996), Trial by Jury or Judge: Which is Speedier, 79, Judicature, p. 176
Jump up ^ Wigmore, John H. (1928–1929), Program for the Trial of Jury Trial, A, 12, J. Am. Jud. Soc., p. 166
Jump up ^ Strawn, David U.; Buchanan, Raymond W. (1975–1976), Jury Confusion: A Threat to Justice, 59, Judicature, p. 478
Jump up ^ Jury Trial of Crimes; Powell, Lewis F. Jr., 23, Wash. & Lee L. Rev. 1, 1966
Jump up ^ Pizzi, William T. (2002), Do Jury Trials Encourage Harsh Punishment in the United States, 21, St. Louis U. Pub. L. Rev., p. 51
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