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1823. Septm. 1. Constitutional Code. III. Rationale Questions.
Ch. Quasi Jury
S. Functions
1.
Qu.2. Why in each suit
seek to render Jury authority
co-extensive with
Judge's do.?
Answer. Reasons.
1. As an answer to Question
1. If in one stage,
in another; demand,
same — so, temptations
to Judge's probity.
2. Cause, why this extension
may be given to
the authority it's unobligatoriness.
In complex causes,
vast the danger to justice
if the decisions of
the experience and
responsible Judge cd.
on each occasion be
frustrated by the will
of a majority, or the
whole of these unexperienced
and irresponsible
individuals.
Trifling the utmost
evil when, as here (except
the allowing or disallowing
appeal in
certain criminal cases) no functions
area allotted other
than the auditive, interrogative
& censorial.
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Ch. Quasi Jury
S. Functions
3.
Anglicé, of all sittings
by Judge or Subordinates,
in which a suit
comes on the carpet,
only in one is a Jury
introduced.
4.
Of this scantiness, in
the delineation of all
the effects, would be included
a detailed statistic
account of the Procedure System.
For a general conception, few
words may suffice.
5.
1. In non-penali -
Jury powers as to all
but the quantum of compensation
money, where
any is given, is little
less than absolutely
subject to Judge's.
He can frustrate
pursuer's demand in
all cases: Defendant's
defence in many cases.
6.
2. Less so in penali.
On the innocent, he can
not drawn down punishment,
but by the power
of persuasion: as it's
efficiency, the certainty.
But to the guilty, he
can give impunity in
every case.
Identifier: | JB/034/038/001 "JB/" can not be assigned to a declared number type with value 34.
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034 |
constitutional code |
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ch. quasi jury / functions |
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john flowerdew colls |
j whatman turkey mill 1822 |
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admiral pavel chichagov |
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1822 |
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