Is Trial by Jury Worth Keeping?

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James Ridgway, 1850 - Grand jury - 56 pages
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Page 28 - The discretion of a judge is the law of tyrants : it is always unknown ; it is different in different men ; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst it is every vice, folly, and passion, to which human nature is liable.'*- — Lord Camden.
Page 33 - It is to trial by jury, more than even by representation, (as it at present exists,) that the people owe the share they have in the government of the country ; it is to trial by jury...
Page 26 - Justices upon the hearing of any such case shall deem the offence not to be proved, or that it is not expedient to inflict any punishment, they shall dismiss the party charged, on finding surety or sureties for his future good behaviour, or without such sureties, and then make out and deliver to the party charged, a certificate, under the hands of such Justices, stating the fact of such dismissal...
Page 23 - it is just and reasonable that persons accused of offences against the law should be enabled to make their full answer and defence to all that is alleged against them...
Page 26 - Justices (or me the said ) charged with the following offence, that is to say (here state briefly the particulars of the charge'), and that we the said Justices (or I the said ) thereupon dismissed the said charge. Given under our hands (or my hand) this day of 5.
Page 56 - ... it is of the greatest consequence to the law of England and to the subject, that these powers of the judge and jury are kept distinct ; that the judge determines the law, and the jury the fact ; and if ever they come to be confounded, it will prove the confusion and destruction of the law of England.
Page 17 - That it is better a hundred guilty persons should escape, than that one innocent person should suffer, is a maxim that has been long and generally approved ; never, that I know of, controverted. Even the sanguinary author of the thoughts...
Page 17 - Philosophy, book 6, ch. 9. ^==^^'' the law, the law is not merely inefficient, it does not merely fail of accomplishing its intended object; it injures the persons it was meant to protect, it creates the very evil it was...
Page 40 - ... abnegation of fairness and candour, they bear a part in a solemn and important discussion which can only be conducted by rational measures and determined according to the truth of the case alone. They are engaged in an inquiry where only truth is the object of pursuit, and all matters are disposed of on their real merits. The political education of the people is incalculably forwarded by this proceeding ; their moral habits are much improved by it. There is nothing more certain, too, that unlike...
Page 36 - ... the trouble, expense, delays, and even the very dangers of our judiciary proceedings, are the price that each subject pays for his liberty. In Turkey, where little regard is shown to the honour, life, or estate of the subject, all causes are speedily decided.

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