the jury system essay

Gilbert suggests also the usurpation of the Norman kings, in their assumption that they, (and not the people, as by the common law were the fountains of justice. A power that can, of itself, and by its own authority, punish disobedience, can compel obedience and submission, and is above all responsibility for the character of its laws. And if that any letters, writs, or commandments come to the justices, or to other deputed to do law and right according to the usage of the realm, in disturbance of the law, or of the execution of the same, or of right to the. Appendix to Kelhams Dictionary of the Norman Language. Mirror of Justices,.

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The jury system Jury system is the ultimate trial.
The supreme decision of our jus tice system.
The last conclusion of right or wrong.

There is substantially the same reason why a jury ought to judge of the justice of laws, and hold all unjust laws invalid, in civil suits, as in criminal ones. Legislators have the sense to see that they can add nothing to the authority of natural law, and that it will stand on its own authority, unless they overturn. Unconditional submission is usually the last act of one who confesses himself subdued and enslaved.

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This was a grievous year (1124). These facts show how much reliance can be placed in written constitutions, to control the action of the government, and preserve the liberties of the people. Law Tracts, Oxford.,. In appeal courts, where no juries sit, it may be necessarynot as a punishment, but for self-protection, and the maintenance of orderthat the court should exercise the power of excluding a person, for the time being, from the court-room; but there is no reason why. I will now explore disadvantages of the system. They only, not the judges, are sworn to search diligently to find out all treasons,., within their charge, and they must and ought to use their own discretion in the way and manner of their inquiry.

For the present it is sufficient to show, as has been already sufficiently done, that from the Saxon times until at least as lately as 1616, the coronation oath has been, in substance, to maintain the law of the land, or the common law, meaning. They could not be penalized for taking a view of the facts opposed to that of the judge.