It is because the law cannot know with infallible certainty, beforehand, who is a murderer, that it provides the trial by jury to determine the question.
Horace Mann: “It is because the law cannot know with infallible certainty, beforehand, who is a murderer, that it provides the trial…”
Editor's note · Context
Mann argues that the law requires a trial by jury because it cannot determine guilt with absolute certainty.
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My instincts, reason, judgment, conscience, may all mislead; but from the first time, now years ago, when I heard this subject broached, my instincts, reason, judgment, conscience, have all been in its favor.
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