Category: Essays, Letters & Speeches
DUTIES OF JURORS. SECTION 1. Weakness of the Regal Authority SECTION 2. The Ancient Common Law Juries Were Mere Courts Of Conscience SECTION 3. The Oaths of Jurors SECTION 4. The Right Of Jurors To Fix The Sentence SECTION 5. The Oaths Of Judges SECTION 6. The Coronation Oath
If any evidence, extraneous to the history and language of Magna Carta, were needed. to prove that, by that chapter which guaranties the trial by jury, all was meant that has no...
5. Chapter 5THAT the trial by jury is all that has been claimed for it in the preceding chapter, is proved both by the history and the language of the Great Charter of English Liberties, to...
10. Chapter 10IT is a principle of Magna Carta, and therefore of the trial by jury, (for all parts of Magna Carta must be construed together,) that no judge or other officer appointed by the...
8. Chapter 81. That it is a maxim of the law, that the judges respond to the question of law, and juries only to the question of fact. The answer to this objection is, that, since Magna Car...
15. Chapter 15The principal objection, that will be made to the doctrine of this essay, is, that under it, a jury would paralyze the power of the majority, and veto all legislation that was n...
9. Chapter 9It may probably be safely asserted that there are, at this day, no legal juries, either in England or America. And if there are no legal juries, there is, of course, no legal tr...
4. Chapter 4FOR more than six hundred years that is, since Magna Carta, in 1215 there has been no clearer principle of English or American constitutional law, than that, in criminal cases,...
14. Chapter 14PROBABLY no political compact between king and people was ever entered into in a manner to settle more authoritatively the fundamental law of a nation, than was Magna Carta. Pro...
7. Chapter 7The evidence already given in the preceding chapters proves that the rights and duties of jurors, in civil suits, were anciently the same as in criminal ones; that the laws of t...
12. Chapter 12It is a maxim of the common law that there can be no crime without a criminal intent. And it is a perfectly clear principle, although one which judges have in a great measure ov...
11. Chapter 11The free administration of justice was a principle of the common law; and it must necessarily be a part of every system of government which is not designed to be an engine in th...
13. Chapter 13THE trial by jury must, if possible, be construed to be such that a man can rightfully sit in a jury, and unite with his fellows in giving judgment. But no man can rightfully do...
2. Chapter 2DUTIES OF JURORS. SECTION 1. Weakness of the Regal Authority SECTION 2. The Ancient Common Law Juries Were Mere Courts Of Conscience SECTION 3. The Oaths of Jurors SECTION 4. Th...
1. Chapter 13. Chapter 3