Essay on the Trial By Jury by Lysander Spooner
page 7 of 350 (02%)
page 7 of 350 (02%)
![]() | ![]() |
|
nevertheless, corresponds to their highest notions of freedom.
To secure this right of the people to judge of their own liberties against the government, the jurors are taken, (or must be, to make them lawful jurors,} from the body of the people, by lot, or by some process that precludes any previos knowledge, choice, or selection of them, on the part of the government. This is done to prevent the government's constituting a jury of its own partisans or friends; in other words, to prevent the government's packing a jury, with a view to maintain its own laws, and accomplish its own purposes. It is supposed that, if twelve men be taken, by lot, from the mass of the people, without the possibility of any previous knowledge, choice, or selection of them, on the part of the government, the jury will be a fair epitome of "the country" at large, and not merely of the party or faction that sustain the measures of the government; that substantially all classes of opinions, prevailing among the people, will be represented in the jury; and especially that the opponents of the government, (if the government have any opponents,) will be represented there, as well as its friends; that the classes, who are oppressed by the laws of the government, (if any are thus oppressed,) will have their representatives in the jury, as well as those classes, who take sides with the oppressor that is, with the government. It is fairly presumable that such a tribunal will agree to no conviction except such as substantially the whole country would agree to, if they were present, taking part in the trial. A trial by |
|