Democracy in America — Volume 1Tocqueville, Alexis de
History
Democracy in America — Volume 1
Tocqueville, Alexis de
Democracy -- United States; United States -- Politics and government; United States -- Social conditions
By introducing the jury into the business of the courts you are enabled
to diminish the number of judges, which is a very great advantage. When
judges are very numerous, death is perpetually thinning the ranks of
the judicial functionaries, and laying places vacant for newcomers. The
ambition of the magistrates is therefore continually excited, and they
are naturally made dependent upon the will of the majority, or the
individual who fills up the vacant appointments; the officers of the
court then rise like the officers of an army. This state of things is
entirely contrary to the sound administration of justice, and to the
intentions of the legislator. The office of a judge is made inalienable
in order that he may remain independent: but of what advantage is it
that his independence should be protected if he be tempted to sacrifice
it of his own accord? When judges are very numerous many of them must
necessarily be incapable of performing their important duties, for a
great magistrate is a man of no common powers; and I am inclined to
believe that a half-enlightened tribunal is the worst of all
instruments for attaining those objects which it is the purpose of
courts of justice to accomplish. For my own part, I had rather submit
the decision of a case to ignorant jurors directed by a skilful judge
than to judges a majority of whom are imperfectly acquainted with
jurisprudence and with the laws.]
I turn, however, from this part of the subject. To look upon the jury
as a mere judicial institution is to confine our attention to a very
narrow view of it; for however great its influence may be upon the
decisions of the law courts, that influence is very subordinate to the
powerful effects which it produces on the destinies of the community at
large. The jury is above all a political institution, and it must be
regarded in this light in order to be duly appreciated.
By the jury I mean a certain number of citizens chosen
indiscriminately, and invested with a temporary right of judging. Trial
by jury, as applied to the repression of crime, appears to me to
introduce an eminently republican element into the government upon the
following grounds:—
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account