Reports of Cases Determined in the Supreme Court, Court of Chancery And Court of Vice Admiralty of Prince Edward Island

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If a man cannot be convicted without the voice of 24 Jurors, is it not against all reason to say that though 12 of them must be ' impartial, the other 12 need not ? If impartiality is required in one body, why not in the other also ? Instead of a protec- tion the body not required to be impartial might, in many cases, only create undue suspicion against the accused. The more general nature of their duties can afford no compensation to an accused who has suffered from partiality of all, or any o...f those by whom he has been condemned.
The great object of the institution 'of the Grand Jury is to prevent persons being even called on to answer for alleged crimes without reasonable groun^t for accusation. It has been described by great jurists as the grand bulwark of civil liberty — their proceedings are conducted in secret, so that an accused or suspected person may not, without reasonable proof of guilt, suffer the mortification of a public trial. If individuals, who were actors on either side in transactions which form any material part of the subject matter of an accusation, could sit as Jurors in deciding whether an accused should be subjected to a public trial or not, the principal object of the institution might, in many cases, be defeated.


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