Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.Swazey, John B.
Philosophy
Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.
Swazey, John B.
England -- Social life and customs
When, after tedious delays, _twenty-four_ petty judges, assisted by
an officer, having made up their minds to formally charge the accused
with the crime, he is brought before a Judge, who is now for the first
time to really try the man, another curious thing occurs. The Judge
is not trusted alone to proceed--he must have twelve little Judges,
and several Lawyers, to assist him. The little judges are the JURY,
not selected for knowledge nor excellency, but any twelve men who can
be readily got. Generally they are very poor represervatives of even
the average wisdom and morality. They know nothing of law, nor of the
Court, nor are they in the least competent to undergo the complex,
tedious, and artificial _trial_ to which they are about to be put, as
well as the accused. However, the business of these twelve is _not_ to
look directly at the man and at the clear evidence against him--which
might be within even their competency--but they are sworn upon the
_Sacred Writings and by Jah_ (under severe penalties) to try the
accused according _to the Law and the evidence_. Now, the Lawyers and
the Judge determine as to the law, and the twelve men must obey them as
to _that_--the twelve, however, are to determine as to the evidence.
This means--they are to see and hear the witnesses, examine the
objects of proof (which may take many days); keep all the statements,
conflicting, confused, or other; hear all that the Lawyers may say;
watch the demeanour of the witnesses, and of the accused--and they
must take the _Case_ as presented and offered to them, however absurd
much of it may be--and, finally, after all, they are not to take _this
Evidence_ (as it is called) to judge it for _themselves_--no, they must
take it _under the direction of the Judge_. They are sworn _to try_
according to the Law and the evidence; but _evidence_ means _legal_
evidence! and the Judge (aided by the Lawyers) directs the twelve men
as to what is _evidence_. Under these conditions, one may judge as to
the usefulness of this Jury--unless as a contrivance for the torturing
of the innocent and the clearing of the guilty!
I was present and examined this matter--for from the common boast of
this excellent Jury-mode of _trial_, I wished to see with my own mind.
Public-domain text, read in full here on John Shaqi.
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