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Jury Contents
Title Addend:
Trial by Jury:
shewing the in absolute
luti inexpediency defects
and accidental relative
necessity of that
species of tribunal
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1
Defects and advantages
which are
the accidental concomitants
of the
institution are
here to be set aside
p. 1
2
Disadvantageous
concomitants are
1. Nomination in
the hands of the
others of. p. 2
3
2. Vicinity and
thence acquaintance
p. 3.
4
3. Number,
p. 5
5
4. Prebendial unanimity.
p. 6
6
5. Means used
to compel such
unanimity. p. 7
7
6. False oath if
sincerely exacted.
p. 8
7 (a)
Torture rejects
where useful — used
only where pernicious.
8
The unanimity
thus produced instead
of being of
greater weight than
a majority is of
less. p. 9.
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9
defects inseparable
from the institution.
p. 11
1. Want of probity
and intelligence
2. Want of rectitude
of decision. 2.
expedition. 3. cheapness.
10
I. Want of probity
as refuting from
1. dread of the
law of the land.
p. 12.
11
2. Dread of the
law of public opinion
owing to heresy
and irresponsibility
p. 13
12
this irresponsibility
is not an accidental
but an
essential circumstance.
p. 14
13
What unifications
of improbity these
causes tend to produce.
p. 16.
14
Where the cause is
equally productive
of impropriety of
decision, whether it
be termed a breach
of probity or no is
but a question of
words. p. 19. v. No 27
p. 43
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15
Seductive principles
to the influence
of which
the probity of an
English Juryman
stands exposed.
p. 19.
16
Instances in which
the seduction is
found to prevail
p. 20.
1. Capital
2. Penance
3.
4. Prosecutor adrous
5 Suicide
6 Thefts capital
7. Tithe
8 Ld of 17th Memo.
Two project
powerf productive
1. Blindness to
mischief, purely
public.
2. to the importance
of certainty
of punishment
p. 22
18
Their yielding
to these seductions
in spite of their
oaths shews the
influence of the
love of power when
uncontrouled. p. 22.
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19
.V. II. Want of intelligence
which is
as essential a concomitant
as the
existence of it is
undesirable. p. 25
20
This desert presents
their derision
from having so
much weight even
with men of their
own level as would
be commissioned by
a Judge. p. 26
21
III. Expense from
the multitude
of Judges. p. 27.
22
IV. Precipitation.
23.
This
of precipitation is
inseparable. p. 32.
1. Separation exposes
these to corruption
2. Conscious would
not remedy these
as they would not
provide against
alibis &c
24
Advantage of
the French law
in this respect.
p. 35.
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26
Essential concomitants
supposed
to be advantageous.
1. Mediocrity of
their condition. p. 31
This a source of
partiality rather
than the contrary
p. 39
26*
2. It would prove
rather that they
ought to apportion
the punishment
than to judge of
the first. p. 42.
27
2 Exemption from
corruption. p. 43
v. No 14. p. 19.
3
Analogy of character —
whence
supior faculty of
obtaining confidence.
28
3. Impermanency
hence chance
of change for the
better. p. 45
29
4. Exemption from
fixed velium. p. 47
30
5. Superior fitness
for assessing pecuniary
satisfaction
p. 49.
30* These advantages though they were real if upon superior accounts the institution were more prejudicial than advantageous p. 52
31 A possible advantage in point of popularity in certain cases is only an indication for using it in the way of Appeal p. 53
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Accidental advantages
that must
be laid out of the account
in judging of
it. p. 55.
1. Publicity.
2. Questions & Answers exemption
ore times
3. Cross-examination
ore times
4. Confrontation.
33
Admissions
1. This the best
mode of trial in use
— But owing to the
accidental advantages
above mentioned.
p. 57.
34
2. It is essentially
necessary as things
stand at present
— But this only
owing to its debilitative
influence on
the Court: that is to
its repugnancy to
ends of justice.
p. 59.
35
Other debilitating
principles that concurr
with it in producing
this effect. p. 61
1. Evidence rejection
2. Def' non-examination
3. Agent. non-examination
4. Non-investigation.
5. Non-anti-deposition
6. Quashing
7. King's Pardons &
8. Grand Jury — pardon
9. Prosecutor bears costs
10 No Public Prosecutor.
11. No new trial post acquittal.
12. No adjournment for fresh evidence
13. No contraction post acquittal
14. Capital punishment.
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Contents Jury
Advantageous
tendencies erroniously
attributed to
it.
1. Prevention of aristocracy
Blackstone
380.
2. Favourable to
life an antidote
to unjust capital
convictions in capital
cases.
1. Complication.
2. Corruptive influence
on public
morals
3. Tendency to perpetuate
constitutional
abuses, by
presenting an inadequate
remedy in
the character of an
adequate one.
36
Laws against which
these debilitating principles
are particularly
useful. p. 64
1. Capital laws.
2. Attempt equal to perfection
3. Suicide, duelling &
quarrel confound with
assassination.
4. Anti-venereal
5. Anti-injurious.
6. Anti-expatriation.
7. Anti-labour raising
8. Anti-religious liberty
9. Anti-press liberty
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