On the record
The jury cannot try an issue, unless they determine what evidence shall be admitted.
Said by
Lysander Spooner
Source
gutenberg.orgThe jury cannot try an issue, unless they determine what evidence shall be admitted.
Spooner asserts that jurors must have the power to determine what evidence is admissible.
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Yet the codes of the most celebrated kings are very small, and were little more than compilations of immemorial customs.
Proud from victory, and with their swords in their hands, would they surrender their liberties to a private man?
They cannot claim or expect that the whole people shall practise the folly of taking on trust their pretended superior knowledge, and of committing blindly into their hands all their own interests, liberties, and rights, to be disposed of…
The people considered their jurisprudence as a part of their inheritance.