While reporting for jury duty several years ago, the judge for the case told us the phrase “Jury of his peers” was BS and not found anywhere in any documentation. Don’t know if he was right or not. I didn’t get selected after calling out the prosecuter for bringing up the fact the defendant was black. I told him I hadn’t considered it until he brought it up. Anyway, I didn’t bother looking up the JOHP phrase. It’ll be a fair trial just as long as they return a guilty verdict. Otherwise it’ll be rassis jurors let whitey off. Again. Let the looting begin.
A remnant of this function exists in the concept of "jury nullification," whereby the jury can decide not only on the facts but on the law as well. This reflects ancient practice.
That phrase is not in the U.S. Constitution or the Bill of Rights. It comes from the (English) Magna Carta, where it was used to mean that a nobleman could only betried by other members of the nobility, and not by commoners. It has never been part of U.S. law.
"No freeman shall be taken or imprisoned, or be outlawed, or exiled, or any other wise destroyed; nor will we not pass upon him, nor (condemn him), but by lawful judgment of his own peers, or by the law of the land."
Magna Carta
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, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. Sixth Amendment -US Constitution