Essay on The Trial By Jury

Nonfiction, Religion & Spirituality, New Age, History, Fiction & Literature
Cover of the book Essay on The Trial By Jury by Lysander Spooner, Library of Alexandria
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Author: Lysander Spooner ISBN: 9781465513595
Publisher: Library of Alexandria Publication: March 8, 2015
Imprint: Language: English
Author: Lysander Spooner
ISBN: 9781465513595
Publisher: Library of Alexandria
Publication: March 8, 2015
Imprint:
Language: English
This volume, it is presumed by the author, gives what will generally be considered satisfactory evidence, though not all the evidence, of what the Common Law trial by jury really is. In a future volume, if it should be called for, it is designed to corroborate the grounds taken in this; give a concise view of the English constitution; show the unconstitutional character of the existing government in England, and the unconstitutional means by which the trial by jury has been broken down in practice; prove that, neither in England nor the United States, have legislatures ever been invested by the people with any authority to impair the powers, change the oaths, or (with few exceptions) abridge the jurisdiction, of juries, or select jurors on any Other than Common Law principles; and, consequently, that, in both countries, legislation is still constitutionally subordinate to the discretion and consciences of Common Law juries, in all cases, both civil and criminal, in which juries sit. The same volume will probably also discuss several political and legal questions, which will naturally assume importance if the trial by jury should be reestablished.
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This volume, it is presumed by the author, gives what will generally be considered satisfactory evidence, though not all the evidence, of what the Common Law trial by jury really is. In a future volume, if it should be called for, it is designed to corroborate the grounds taken in this; give a concise view of the English constitution; show the unconstitutional character of the existing government in England, and the unconstitutional means by which the trial by jury has been broken down in practice; prove that, neither in England nor the United States, have legislatures ever been invested by the people with any authority to impair the powers, change the oaths, or (with few exceptions) abridge the jurisdiction, of juries, or select jurors on any Other than Common Law principles; and, consequently, that, in both countries, legislation is still constitutionally subordinate to the discretion and consciences of Common Law juries, in all cases, both civil and criminal, in which juries sit. The same volume will probably also discuss several political and legal questions, which will naturally assume importance if the trial by jury should be reestablished.

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