A Quote by Clifford Irving
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.
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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 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.
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.
If rowing is a trial then the ergometer is the courtroom, the meter is the jury. And an honest jury at that, because the numbers do not lie.
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.
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.
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.
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.
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.
A right to jury trial is granted to criminal defendants in order to prevent oppression by the Government.
The average juror is not Mr. Spock. If he were, then a trial-court judge's job would be much easier. He could instruct the jury in broad strokes - instructing only as to the bare elements of the crime, perhaps - and be confident that the jury would deduce all of the finer-grained implications that must logically follow.
I'm no idealist to believe firmly in the integrity of our courts and in the jury system -- that is no ideal to me, it is a living, working reality. Gentlemen, a court is no better than each man of you sitting before me on this jury. A court is only as sound as its jury, and a jury is only as sound as the men who make it up.
A trial without witnesses, when it involves a criminal accusation, a criminal matter, is not a true trial.
The jury is supposed to be twelve peers, but technically that would mean every single person on the jury should have Asperger's syndrome, because then they'd really understand me.
That in all capital or criminal prosecutions a man bath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.
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.
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