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Discuss the use of the jury in the criminal trials; what are the alternatives that can be used to replace the jury.
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| Submitted: Mon Sep 29 2003
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Discuss the use of the jury in the criminal trials; what are the alternatives that can be used to replace the jury INTRODUCTION: 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 light, 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 law. Unless such be the right and duty of jurors, it is plain that, instead of juries being a "palladium of liberty"-a barrier against...
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