On the record
And all the rights of jurors, witnesses, counsel, and parties, are held subject to his pleasure, and can be exercised only agreeably to his will.
Said by
Lysander Spooner
Source
gutenberg.orgLysander Spooner: “And all the rights of jurors, witnesses, counsel, and parties, are held subject to his pleasure, and can be exercised…”
Editor's note · Context
Spooner points out that the rights of all court participants are subject to the judge's whims, raising concerns about fairness.
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And he can rightfully be held to no greater knowledge of the law than this.
The answer is, that they are as reliable for that purpose as are the majority; they are as much presumed to have associated, and are as likely to have associated, for that object, as are the majority; and they have as much interest in such…
The will, or the pretended will, of the majority, is the last lurking place of tyranny at the present day.
Since Magna Carta, we have evidence showing quite conclusively that all freemen, above the age of twenty-one years, were eligible as jurors.