A Sketch of the Internal Condition of the United States of America And of Thei
A Sketch of the Internal Condition of the United States of America And of Thei
Petr Ivanovich Poletika
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The Petit Jury, composed of twelve individ- uals, chosen on the same principle that governs the selection of the Grand Jury, acting more di- rt ctlv in the distribution of both civil and crim- ■ nal justice, secures impartiality by a species of equality and reciprocal sympathy which this in- stitution is thought to establish between the judges and the person to be judged. We have already seen, that in all civil and criminal cases, excepting those which are carried before tin- courts (if chancer...y or the supremo 88 courts which ultimately decide, the Petit Jury exercises the greatest power. It might be said that it contains the very essence of judicial power; yet we have likewise observed, that in civil suits the course of the jury is greatly influ- enced and even controled by the judge. Such is not the case in criminal prosecutions. The duty of the judge is restricted to making a summary statement of the case : the jury, em- bracing in their deliberations the law as well as the facts, pronounces peremptorily and with- out appeal on the part of the judge, on the crimi- nality of the accused, guilty or not guilty.
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