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Date: Fri, 21 Nov 1997 03:51:29 -0800
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From: Paul Andrew Mitchell [address in tool bar]

>An ESSAY on Trial By Jury
>Lysander Spooner ( 1852 )
>                                             SECTION 1
>For more than six hundred years--  that is,  since Magna Carta,  in 1215--
>there has been no clearer principle of English or American constitutional
>law,  than that:  in criminal cases,  it is not only the right and duty of
>juries to judge what are the facts,  what is the law,  and what was the
>moral intent of the accused;  but that it is also their right,  and their
>primary and paramount duty,  to judge the justice of the law,  and to hold
>all laws invalid that are,  in their opinion, unjust or oppressive,  and all
>persons guiltless in violating,  or resisting the execution of such laws.
>Unless such be the right and duty of jurors,  it is plain that,  instead of
>juries being a "palladium of liberty"`--  a barrier against the tyranny and
>oppression of the government--  they are really mere tools in its hands,
>for carrying into execution any injustice and oppression it may desire to
>have executed. 
>But for their right to judge the law,  and the justice of the law,  juries
>would be no protection to an accused person,  even as to matters of fact;
>for,  if the government can dictate to a jury any law whatever,  in a
>criminal case,  it can certainly dictate to them the laws of evidence.  That
>is,  it can dictate what evidence is admissible,  and what inadmissible,
>and also what force or weight is to be given to the evidence admitted.
>    [   Note:  Judges today do this,  and also determine
>                what witnesses will be allowed 
>            Suggested Reading: _Justice Overruled_ (Burton Katz)
>                                                -pma                ]
>And if the government can thus dictate to a jury the laws of evidence,  it
>can not only make it necessary for them to convict on a partial exhibition
>of the evidence rightfully pertaining to the case,  but it can even require
>them to convict on any evidence whatever that it pleases to offer them.  
>    * * *

Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
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website: http://supremelaw.com       : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best 06
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_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice.  We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
======================================================================== 12
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