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 or, presence, absence and/or jury:
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—Bible: Hebrew, Proverbs 25:6-7.
“Human life is thus only a perpetual illusion; men deceive and flatter each other. No one speaks of us in our presence as he does of us in our absence. Human society is founded on mutual deceit; few friendships would endure if each knew what his friend said of him in his absence, although he then spoke in sincerity and without passion.”
—Blaise Pascal (1623–1662)
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—Antonin Artaud (1896–1948)
“The thing with Catholicism, the same as all religions, is that it teaches what should be, which seems rather incorrect. This is “what should be.” Now, if you’re taught to live up to a “what should be” that never existed—only an occult superstition, no proof of this “should be”Mthen you can sit on a jury and indict easily, you can cast the first stone, you can burn Adolf Eichmann, like that!”
—Lenny Bruce (1925–1966)