Essay on the Trial by Jury


Read by BethAnne

(4.8 stars; 8 reviews)

FOR more than six hundred years that is, since Magna Carta, in 1215 there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws.

So begins Spooner's epic on the jury, its origins and history. Spooner examines the history and powers of a jury, from the magna carta in King John's time, to the practices in the 18th century. A classic work on law, Spooner argues that the decision of the jury is sovereign over the king's law. (Summary by Bethanne) (11 hr 28 min)

Chapters

Notes 2:55 Read by BethAnne
Ch 1 – The Right of Juries to Judge the Justice of Laws 43:15 Read by BethAnne
Ch 2 – Part 1 – Trial by Jury Defined by Magna Carta 53:39 Read by BethAnne
Ch 2 – Part 2 – Language of Magna Carta 49:16 Read by BethAnne
Ch 3 – Part 1 – Additionnal Proofs of the Rights and Duties of Jurors 41:27 Read by BethAnne
Ch 3 – Part 2 – Ancient Common Law Juries were Mere Courts of Conscience 23:31 Read by BethAnne
Ch 3 – Part 3 – Ancient Common Law Juries were Mere Courts of Conscience 43:59 Read by BethAnne
Ch 3 – Part 4 – Oaths of Jurors 30:11 Read by BethAnne
Ch 3 – Part 5 – Right of Jurors to fix the Sentence 33:31 Read by BethAnne
Ch 3 – Part 6 – The Coronation Oath 25:49 Read by BethAnne
Ch 4 – The Rights and Duties of Juries in Civil Suits 39:14 Read by BethAnne
Ch 5 – Part 1 – Objections Answered 26:58 Read by BethAnne
Ch 5 – Part 2 – Objections Answered 25:17 Read by BethAnne
Ch 6 – Juries of the Present Day Illegal 43:41 Read by BethAnne
Ch 7 – Part 1 – Illegal Judges 26:27 Read by BethAnne
Ch 7 – Part 2 – Illegal Judges 33:38 Read by BethAnne
Ch 8 – Free Administration of Justice 15:06 Read by BethAnne
Ch 9 – The Criminal Intent 31:46 Read by BethAnne
Ch 10 – Moral Considerations for Jurors 7:10 Read by BethAnne
Ch 11 – Authority of Magna Carta 41:04 Read by BethAnne
Ch 12 – Limitations Imposed Upon the Majority by the Trial by Jury 41:31 Read by BethAnne
Appendix 9:16 Read by BethAnne

Reviews


(5 stars)

Very detailed and well referenced. Written so that a novice reader could understand.

everyone should have their kids listen to this


(5 stars)


(5 stars)

Great analysis of the government run judicial system.