A Quote by Alexander Hamilton
The civil jury is a valuable safeguard to liberty.
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What many of those who oppose the use of juries in civil trials seem to ignore is that the founders of our Nation considered the right of trial by jury in civil cases an important bulwark against tyranny and corruption, a safeguard too precious to be left to the whim of the sovereign, or, it might be added, to that of the judiciary.
The civil jury is the most effective form of sovereignty of the people. It defies the aggressions of time and man. During the reigns of Henry VIII (1509-1547) and Elizabeth I (1158-1603), the civil jury did in reality save the liberties of England.
In suits at common law, trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.
Civil liberty is only natural liberty, modified and secured by the sanctions of civil society.
In civil or criminal litigation in a jury case, the only way for a defendant to avoid a trial is for a judge to rule that there was no evidence from which the jury could find for the other side.
I have many things to say. My every right, constitutional, civil, political and judicial has been tramped upon. I have not only had no jury of my peers, but I have had no jury at all.
Is the relinquishment of the trial by jury and the liberty of the press necessary for your liberty? Will the abandonment of your most sacred rights tend to the security of your liberty? Liberty, the greatest of all earlthy blessings - give us that precious jewel, and you may take every things else! . . . Guard with jealous attention the public liberty. Suspect every one who approaches that jewel.
Men have always been obliged to fight to preserve liberty. Constitutions and laws do not safeguard liberty. It can be preserved only by a tolerant people, and this means eternal conflict.
Of the liberty of conscience in matters of religious faith, of speech and of the press; of the trial by jury of the vicinage in civil and criminal cases; of the benefit of the writ of habeas corpus; of the right to keep and bear arms.... If these rights are well defined, and secured against encroachment, it is impossible that government should ever degenerate into tyranny.
The issue of religious liberty is absolutely critical. America was founded on three different types of liberty: political liberty, economic liberty, and religious and civil liberty. It's remarkable that, one-by-one, these strands of liberty are coming under fierce attack from the Left. And that's particularly ironic because "liberal" derives from a word which means "liberty," the free man as opposed to the slave. This liberalism which we're saddled with today isn't a real liberalism at all, but a gangster style of politics masquerading as liberalism.
Civil liberty is only natural liberty, modified and secured by the sanctions of civil society. It is not a thing, in its own nature, precarious and dependent on human will and caprice; but it is conformable to the constitution of man, as well as necessary to the well-being of society.
I believed there was enough evidence to go to trial. Grand jury said there wasn't. Okay, fine. Do I have a right to disagree with the grand jury? Many Americans believe O.J. Simpson was guilty. A jury said he wasn't. So I have as much right to question a jury as they do. Does it make somebody a racist? No! They just disagreed with the jury. So did I.
In our system, we leave questions of fact to a jury. But to render a verdict, a jury must know the law. For this, we rely upon jury instructions. Instructions are supposed to translate the law into lay terms that the jury can apply to the facts as they determine them.
Freedom to vote is valuable primarily as a means to safeguard other freedoms.
The jury system has come to stand for all we mean by English justice. The scrutiny of 12 honest jurors provides defendants and plaintiffs alike a safeguard from arbitrary perversion of the law.
There is not a truth to be gathered from history more certain, or more momentous, than this: that civil liberty cannot long be separated from religious liberty without danger, and ultimately without destruction to both. Wherever religious liberty exists, it will, first or last, bring in and establish political liberty.
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