The trial by jury might safely be introduced into a despotic government, if the jury were to exercise no right of judging of the law, or the justice of the law.
Sentiment: NEGATIVE
If the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of the government; for there are no oppressions which the government may not authorize by law.
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
The trial by jury is a trial by 'the country,' in contradistinction to a trial by the government. The jurors are drawn by lot from the mass of the people, for the very purpose of having all classes of minds and feelings, that prevail among the people at large, represented in the jury.
If a jury have not the right to judge between the government and those who disobey its laws, and resist its oppressions, the government is absolute, and the people, legally speaking, are slaves.
There may sometimes be a mistake, but I think that the citizens of America who are sworn to uphold their duty in a jury setting are going to try to do their best to do that regardless of the consequences.
A State which has universal suffrage and a wide extension of the jury franchise, must qualify the people by education to rightly exercise the great powers with which they are invested.
No one can just file a charge and go directly to a jury trial. That just cannot happen.
The United States and the European Union do want to have a rule of law, and that rule of law should be for a fair trial. And that fair trial needs to have an impartial jury.
Believe it or not, there are people who want to be on juries.
We operate under a jury system in this country, and as much as we complain about it, we have to admit that we know of no better system, except possibly flipping a coin.
No opposing quotes found.