A Quote by Lysander Spooner
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.
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The grand solid merit of jury trial is that the jurors ... are selected at the last moment from the multitude of citizens. They cannot be known beforehand, and they melt back into the multitiude after each trial.
Now it is clear, that if the government can exclude, on account either of their opinions or feelings, any persons thus drawn by lot, the trial is no longer a trial by 'the country,' but only by a portion of the country.
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.
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.
Trial by jury is a wise distribution of power which exceeds all other modes of trial.
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.
I have yet to see a death case among the dozen coming to the Supreme Court on eve-of-execution stay applications in which the defendant was well represented at trial... People who are well represented at trial do not get the death penalty.
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.
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.
We opposed unlimited detention without trial. We stood up for trial by jury as well. And of course we spoke up for asylum seekers and for the most vulnerable in our society.
I view myself primarily as a trial lawyer who happens to be writing, as opposed to a writer who happens to be a trial lawyer, so the audience is like a jury to me.
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 second trial was a fair trial. I do not call it a second trial. I call it a fair trial, as opposed to the first trial, which was an unfair trial, a Roman holiday.
In Staten Island, when you have video showing the alleged chokehold used on Eric Garner, why not go to trial and have the officer(s) explain the tape, and then this jury can determine guilt or innocence? The tape should guarantee that there should be a trial.
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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