Trial by Jury
idea · 6 works · 24 mentions · 56 anchored passages
trial by jury · jury trial · the jury · the trial by jury · petty jury · trial by the country · a modern jury trial · civil jury · jury · jury trials
in the texts
An Essay on the Trial by Jury
The legal institution and doctrine of judging the accused by a jury of the country rather than by the government.
The trial by jury is based upon a recognition of this principle, and therefore forbids the government to execute any of its laws, by punishing violators, in any case whatever, without first getting the consent of “the country,” or the people, through a jury.
“The trial by jury,” then, is a “trial by the country”—that is, by the people—as distinguished from a trial by the government.
The bounds set to the power of the government, by the trial by jury, as will hereafter be shown, are these—that the government shall never touch the property, person, or natural or civil rights of an individual, against his consent, (except for the purpose of bringing them before a jury for trial,) unless in pursuance and execution of a judgment, or decree, rendered by a jury in each individual ca …
Magna Carta: A Commentary on the Great Charter of King John
Judicial procedure identified as one of the administrative reforms elaborated by Hubert Walter during Richard's reign.
(2) Throughout the reign, parts of Henry’s system, technical details of taxation and reforms in the administration of justice, were elaborated by Archbishop Hubert Walter, connected with trial by jury on the one hand and with election on the other.
For this purpose, he used four expedients, which are of great interest, in respect that they throw light on the process by which trial by jury superseded trial by battle.
(a) The criminal petty jury cannot be intended in this chapter, since it had not been invented in 1215:
The Unconstitutionality of Slavery
A principle of English liberty listed as brought by the colonists from England.
When our ancestors came to this country, they brought with them the common law of England, including the writ of habeas corpus, (the essential principle of which, as will hereafter be shown, is to deny the right of property in man,) the trial by jury, and the other great principles of liberty, which prevail in England, and which have made it impossible that her soil should be trod by the foot of a slave.
If, then, the constitution recognizes any such class of persons, in this country, as slaves, it would follow that for any crime committed by them against the United States, they must be tried, both on the law and the facts, by a jury of slaves.
The constitution declares that “the trial of all crimes, except in cases of impeachment, shall be by jury.
Lectures on the Early History of Institutions
The modern English jury system, described as the criterion of truth in English law.
We take as our criterion of truth the unanimous opinion of twelve men on statements made before them.
Construction Construed and Constitutions Vindicated
The judicial safeguard of trial by jury, noted as absent when legislatures adjudicate claims to public property.
The trial by jury is excluded.
The Genius of the Common Law
Common Law institution whose spread in the nineteenth century, including imitation by systems otherwise foreign to the Common Law, is called one of the most remarkable events in legal history.
The spread of trial by jury in the nineteenth century is one of the most remarkable events in the general history of legal institutions.