A Quote by John Henry Wigmore
Cross-examination is beyond any doubt the greatest legal engine ever invented for the discovery of truth. ... Cross-examination, not trial by jury, is the great and permanent contribution of the Anglo-American system of law to improved methods of trial-procedure.
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Cross-examination is the greatest legal engine ever invented for the discovery of truth. You can do anything with a bayonet except sit on it. A lawyer can do anything with cross-examination if he is skillful enough not to impale his own cause upon it.
Trial by jury must be preserved. It is the best system ever invented for a free people in the world's history.
Three features mark the Anglo-American system as different from all others. One is the extent to which our law is formed in litigation. Another feature is the way we conduct these cases: we pit antagonists against each other, to cast up from their struggles the material of decisions. A third- and largest in the public consciousness- is the trial by jury.
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.
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.
Calling this 'The Trial Of Christine Keeler' is clever because it's a re-examination of Christine's life and the trials and tribulations that she went through including the court trial. We as a society are so quick to judge, and no one has been judged quite as much as she has.
The United States and the European Union do want to have a rule of law, and that rule of law should be for a fair trial. And that fair trial needs to have an impartial jury.
Law and justice are from time to time inevitably in conflict ... . The jury ... adjusts the general rule of law to the justice to the particular case. Thus the odium of inflexible rules of law is avoided, and popular satisfaction is preserved ... That is what jury trial does. It supplies that flexibility of legal rules which is essential to justice and popular contentment.
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.
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.
The humorist who invented trial by jury played a colossal practical joke upon the world, but since we have the system we ought to try and respect it. A thing which is not thoroughly easy to do, when we reflect that by command of the law a criminal juror must be an intellectual vacuum, attached to a melting heart and perfectly macaronian bowels of compassion.
Any time you have an individual who is very confident in their abilities to persuade, there can be a rude awakening under cross-examination.
Thus, in a crucial way, the Kansas hearings repeat the pattern set by the Scopes Trial, which has been repeated many times since, namely, evolutionists escaped critical scrutiny by not having to undergo cross-examination. In this case, they accomplished the feat by boycotting the hearings. I therefore await the day when the hearings are not voluntary but involve subpoenas that compel evolutionists to be deposed and interrogated at length on their views.
The law of England has established trial by judge and jury in the conviction that it is the mode best calculated to ascertain the truth.
Trial by jury is a wise distribution of power which exceeds all other modes of trial.
In any trial, in any bitter situation, you are not alone, you are not helpless, you are not a victim. You have a tree, a cross, shown to you by the Sovereign God of Calvary. Whatever the trial or temptation, it is not more than you can bear. It is bearable. It can be handled. You can know as Joseph knew, "You meant evil against me, but God meant it for good in order to bring about this present result, to preserve many people alive" (Genesis 50:20).
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