Judging the Jury. These were the only modes of trial, except by jury, that had been known in England, in criminal cases, for some centuries previous to Magna Carta. The true meaning of the phrase, per judicium parium suorum, is, according to the sentence of his peers.
What jury reforms would you advocate for your state? Will the identity of witnesses be routinely shielded, as they already are in trials involving organized crime? In ordinary cases, prosecutors are sometimes accused of using peremptory challenges to exclude African Americans from juries, a practice that the U.
One answer is, that, in a representative government, there is no absurdity or contradiction, nor any arraying of the people against themselves, in requiring that the statutes or enactments of the government shall pass the ordeal of any number of separate tribunals, before it shall be determined that they are to have the force of laws.
This practice should be helpful, but the instructions commonly consist of full-on legal jargon that ends up confusing the jury and thus the outcome of the trial. Christian speaks of this charter as settling the true meaning of the corresponding clause of Magna Carta, on the principle that laws and charters on the same subject are to be construed with reference to each other.
If the government can dictate to a jury the laws of evidence, it can not only shut out any evidence it pleases, tending to vindicate the accused, but it can require that any evidence whatever, that it pleases to offer, be held as conclusive proof of any offence whatever which the government chooses to allege.