Presence or Absence of A Jury
The United States has a very complicated system of evidentiary rules; for example, John Wigmore's celebrated treatise on it filled ten volumes. James Bradley Thayer reported in 1898 that even English lawyers were surprised by the complexity of American evidence law, such as its reliance on exceptions to preserve evidentiary objections for appeal.
Some legal experts, notably Stanford legal historian Lawrence Friedman, have argued that the complexity of American evidence law arises from two factors: (1) the right of American defendants to have findings of fact made by a jury in practically all criminal cases as well as many civil cases; and (2) the widespread consensus that tight limitations on the admissibility of evidence are necessary to prevent a jury of untrained laypersons from being swayed by irrelevant distractions. In Professor Friedman's words: "A trained judge would not need all these rules; and indeed, the law of evidence in systems that lack a jury is short, sweet, and clear." However, Friedman's views are characteristic of an earlier generation of legal scholars. Many respected observers now reject the formerly-popular proposition that the institution of trial by jury is the main reason for the existence of rules of evidence even in countries such as the United States and Australia; they argue that other variables are at work.
Read more about this topic: Evidence (law)
Famous quotes containing the words presence, absence and/or jury:
“The City of New York is like an enormous citadel, a modern Carcassonne. Walking between the magnificent skyscrapers one feels the presence on the fringe of a howling, raging mob, a mob with empty bellies, a mob unshaven and in rags.”
—Henry Miller (1891–1980)
“If you complain of people being shot down in the streets, of the absence of communication or social responsibility, of the rise of everyday violence which people have become accustomed to, and the dehumanization of feelings, then the ultimate development on an organized social level is the concentration camp.... The concentration camp is the final expression of human separateness and its ultimate consequence. It is organized abandonment.”
—Arthur Miller (b. 1915)
“To throw obstacles in the way of a complete education is like putting out the eyes; to deny the rights of property is like cutting off the hands. To refuse political equality is like robbing the ostracized of all self-respect, of credit in the market place, of recompense in the world of work, of a voice in choosing those who make and administer the law, a choice in the jury before whom they are tried, and in the judge who decides their punishment.”
—Elizabeth Cady Stanton (1815–1902)