An Essay on the Trial by Jury (1852)
Spooner argues that it is principle in English law going back to Magna Carta that juries had the right to determine the justice of the laws under which a person might be tried, as well as whether or not the accused is guilty.
An Essay on the Trial by Jury (Boston: John P. Jewett and Company, 1852).
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The text is in the public domain.
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Table of Contents
- NOTICE TO ENGLISH PUBLISHERS.
- NOTE.
- CONTENTS.
- TRIAL BY JURY.
- CHAPTER I.: THE RIGHT OF JURIES TO JUDGE OF THE JUSTICE OF LAWS.
- SECTION I.
- SECTION II.
- CHAPTER II.: THE TRIAL BY JURY, AS DEFINED BY MAGNA CARTA.
- SECTION I.: The History of Magna Carta.
- SECTION II.: The Language of Magna Carta.
- CHAPTER III.: ADDITIONAL PROOFS OF THE RIGHTS AND DUTIES OF JURORS.
- SECTION I.: Weakness of the Regal Authority.
- SECTION II.: The Ancient Common Law Juries were mere Courts of Conscience.
- SECTION III.: The Oaths of Jurors.
- SECTION IV.: The Right of Juries to fix the Sentence.
- SECTION V.: The Oaths of Judges.
- SECTION VI.
- The Coronation Oath.
- CHAPTER IV.: THE RIGHTS AND DUTIES OF JURIES IN CIVIL SUITS.
- CHAPTER V.: OBJECTIONS ANSWERED.
- CHAPTER VI.: JURIES OF THE PRESENT DAY ILLEGAL.
- CHAPTER VII.: ILLEGAL JUDGES.
- CHAPTER VIII.: THE FREE ADMINISTRATION OF JUSTICE.
- CHAPTER IX.: THE CRIMINAL INTENT.
- CHAPTER X.: MORAL CONSIDERATIONS FOR JURORS.
- CHAPTER XI.: AUTHORITY OF MAGNA CARTA.
- CHAPTER XII.: LIMITATIONS IMPOSED UPON THE MAJORITY BY THE TRIAL BY JURY.
- APPENDIX.
- TAXATION.
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