Did it not rather imply that the jury were to judge independently and fearlessly as to everything involved in the charge, and especially as to its intrinsic justice, and thereon give their decision, (unbiased by any legislation of the king,) whether the accused might be punished?
Lysander Spooner: “Did it not rather imply that the jury were to judge independently and fearlessly as to everything involved in the…”
Editor's note · Context
Spooner posits that juries must judge the intrinsic justice of charges independently, emphasizing their critical role in the legal process.
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They do not carry their heads high, above all other men, and demand our reverence and admiration, as statesmen, patriots, and benefactors.
For all these reasons, they are not only modest and sensible, but really frank, honest, and honorable villains, contrasted with these courts of injustice, and the lawmakers by whom these courts are established.
In short, they acknowledge themselves hostes humani generis: enemies of the human race.
They do not tell us that we are the freest and happiest people on earth, inasmuch as each of our male adults is allowed one voice in ten millions in the choice of the men, who are to rob, enslave, and murder us.