Illegality of the Trial of John W. Webster
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If such a principle prevail, all barriers, interposed by a jury, not only to the infliction of " cruel punishments," but to the assumption, by the government, of all manner of unconstitutional authority, are swept away.
The question has thus far been discussed on the 11 supposition that the question of punishment, and the question of guilt, are distinct — and that, in strict law, the jury are judges only of the latter. And I take it for granted that it has been shown, that even under that suppo...sition, men cannot be excluded from the panel by the government, in order that the will of the government, (as expressed in its crimi- nal code), may escape the influence and the veto of that moral law% and that law of human nature, which require and compel all men, jurors as well as others, to regard more or less the consequences that are to follow their actions. If the criminal code be prac- tically inconsistent with that law of human nature, and theoretically inconsistent with the moral law, as this is understood by any considerable portion of "the country," the code must give way to, or be made to conform to, those higher laws, or the " trial by the country " must be abandoned.
What to read after Illegality of the Trial of John W. Webster?
You can find similar books in the "Read Also" column, or choose other free books by Spooner, Lysander, 1808-1887 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
If such a principle prevail, all barriers, interposed by a jury, not only to the infliction of " cruel punishments," but to the assumption, by the government, of all manner of unconstitutional authority, are swept away.
The question has thus far been discussed on the 11 supposition that the question of punishment, and the question of guilt, are distinct — and that, in strict law, the jury are judges only of the latter. And I take it for granted that it has been shown, that even under that suppo...sition, men cannot be excluded from the panel by the government, in order that the will of the government, (as expressed in its crimi- nal code), may escape the influence and the veto of that moral law% and that law of human nature, which require and compel all men, jurors as well as others, to regard more or less the consequences that are to follow their actions. If the criminal code be prac- tically inconsistent with that law of human nature, and theoretically inconsistent with the moral law, as this is understood by any considerable portion of "the country," the code must give way to, or be made to conform to, those higher laws, or the " trial by the country " must be abandoned.
What to read after Illegality of the Trial of John W. Webster?
You can find similar books in the "Read Also" column, or choose other free books by Spooner, Lysander, 1808-1887 to read onlineMoreLess
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