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July 20, 2019

"Why the Founders Cherished the Jury"

The title of this post is the title of this essay recently posted to SSRN and authored by Jordan Richardson. Here is its abstract:

The Founders insistence on trial by jury was not just a preference for ritualistic formalities.  It was a prescriptive demand to protect liberty.  It shifted the authority for final decisions from government bureaucrats into the hands of citizens, so that “before an individual can lose her liberty in a criminal case, the people themselves must agree.”  The legislature could propose laws criminalizing behavior, the executive could enforce those laws with appropriate resources, and the judiciary could oversee the process to ensure legality.  But the institution of the jury was the final check to hold all three branches accountable.

July 20, 2019 at 05:30 PM | Permalink

Comments

The Jury has been belittled by the Attorney's and the Judicial System. The FACT is: the Jury is the highest authority of the Court and every Juror should read the "Juror's Handbook" before sitting judgment on the people. It is the duty of a True American to sit on a jury to protect the people from rogue prosecutors. Employers should understand how important jury duty is and most do. It is understandable that there are American people that are unable to appear for Jury Duty. I have always wanted to be on Jury Duty but there was a time that I could not - the first time it was health reason and the next notification, I showed up and the Courthouse was closed without notice. I especially wanted to be on the Grand Jury where there is a lack of common sense and questioning the prosecutor but they are hand picked.

Posted by: LC in Texas | Jul 21, 2019 12:17:18 PM

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