A Quote by Byron White
A right to jury trial is granted to criminal defendants in order to prevent oppression by the Government.
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The trial by jury is a trial by 'the country,' in contradistinction to a trial by the government. The jurors are drawn by lot from the mass of the people, for the very purpose of having all classes of minds and feelings, that prevail among the people at large, represented in the jury.
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.
The trial by jury might safely be introduced into a despotic government, if the jury were to exercise no right of judging of the law, or the justice of the law.
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.
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 5th Amendment guarantees that defendants can't face 'double jeopardy,' which means the government can't prosecute a person a second time for the same crime if the jury returns a verdict. Only if the jury doesn't reach a decision can prosecutors elect to retry the case.
If the federal constitution is to be construed so far in connection with the state constitutions, as to leave the trial by jury in civil causes, for instance, secured; on the same principles it would have left the trial by jury in criminal causes, the benefits of the writ of habeas corpus, etc. secured; they all stand on the same footing; they are the common rights of Americans, and have been recognized by the state constitutions.
In representing criminal defendants - especially guilty ones - it is often necessary to take the offensive against the government: to put the government on trial for its misconduct. In law, as in sports, the best defense is often a good offense. The courtroom oath - to tell the truth, the whole truth and nothing but the truth - is applicable only to witnesses... because the American justice system is built on a foundation of not telling the whole entire truth.
The British government had not engaged in any serious actual oppression of the colonies before 1774, but it had claimed powers not granted by the governed, powers that made oppression possible, powers that it began to exercise in 1774 in response to colonial denial of them. The Revolution came about not to overthrow tyranny, but to prevent it.
Asset forfeiture is a mockery of the Bill of Rights. There is no presumption of innocence, no need to prove you guilty (or even charge you with a crime), no right to a jury trial, no right to confront your accuser, no right to a court-appointed attorney (even if the government has just stolen all your money), and no right to compensation for the property that's been taken.
Those who deny the right of a jury to protect an individual in resisting an unjust law of the government, deny him all defence whatsoever against oppression.
A criminal trial is like a Russian novel: it starts with exasperating slowness as the characters are introduced to a jury, then there are complications in the form of minor witnesses, the protagonist finally appears and contradictions arise to produce drama, and finally as both jury and spectators grow weary and confused the pace quickens, reaching its climax in passionate final argument.
In existing criminology there are concepts: a criminal man, a criminal profession, a criminal society, a criminal sect, and a criminal tribe, but there is no concept of a criminal state, or a criminal government, or criminal legislation. Consequently what is often regarded as "political" activity is in fact a criminal activity.
Trial by jury must and shall be preserved! Amidst the throng of crude sacrilegisms ... that assail us nowadays in the legal sanctuary, none is more shortsighted, none more dangerous, than the proposal to abolish trial by jury.
A trial without witnesses, when it involves a criminal accusation, a criminal matter, is not a true trial.
There was an interesting development in the CBS-Westmoreland trial:
both sides agreed that after the trial, Andy Rooney would be allowed to
talk to the jury for three minutes about little things that annoyed him
during the trial.
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