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An Essay on the Trial by Jury, by Lysander Spooner
Download An Essay on the Trial by Jury, by Lysander Spooner
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"[...]government, the government, instead of being a mere servant and agent of the people, would be an absolute despot over the people. It would have all power in its own hands; because the power to punish carries all other powers with it. A power that can, of itself, and by its own authority, punish disobedience, can compel obedience and submission, and is above all responsibility for the character of its laws. In short, it is a despotism. And it is of no consequence to inquire how a government came by this power to punish, whether by prescription, by inheritance, by usurpation, or by delegation from the people? If it have now but got it, the[...]".
- Published on: 2015-02-25
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .55" w x 6.00" l, .63 pounds
- Binding: Paperback
- 242 pages
About the Author
Lysander Spooner was a 19th century entreprenuer, scholar, radical abolitionist, and principled believer in natural law and liberty. Lysander Spooner came form the flinty farmland of rural New England. He was born January 19, 1808, on his father's farm near Athol, Massachusetts, the second child and second son in a family of six sons and three daughters. Before opening the American Mail Company, he sent a personal letter informing the Postmaster General (January 11, 1844), that he proposed "soon to establish a letter mail [company] from Boston to Baltimore. I shall myself remain in this city, where I shall be ready at any time to answer to any suit…" Accompanying the letter was a copy of Spooner's pamphlet, The Unconstitutionality of the Laws of Congress Prohibiting Private Mails. When his company began business on January 23, Spooner openly advertised in all the major newspapers, soliciting business. The American Letter Mail Company printed its own stamps, hired agents, and was soon conducting a busy trade. Hoping to drive Spooner out of business without raising any constitutional questions, the Postmaster General resorted to some extra-legal measures. Under a barrage of harassing legal actions, the company could not survive; for all practical purposes it had ceased to exist by July 1844. After his post office venture failed, Lysander Spooner returned to the family farm in Athol. Spooner had a clear notion of "the principles of natural equity." Although lacking formal ties before 1870 with other American anarchists, Spooner knew many of them well. The key question for an anarchist is how to combine complete individual freedom with some form of effective social co-operation. Spooner answered that community service and other social action could be realized voluntarily. He argued that "under the principle of individual consent, the little government that mankind need, is not only practicable, but natural and easy…" Spooner died “at one o'clock in the afternoon of Saturday, May 14, 1887... surrounded by trunks and chests bursting with the books, manuscripts, and pamphlets which he had gathered in his active pamphleteer's warfare over half a century long.
Most helpful customer reviews
20 of 21 people found the following review helpful.
The Jury system, still(more) flawed after all these years
By Charles Barnard
This book, which was written in the 19th century, is as vital and significant today as the Constitution-and perhaps more important to the modern reader because of changes mad within the court system (but not the legal system) in the past century.
This is a very short book, but covers a very important and neglected part of the limitations of Government power: the trial by jury.
Jury trial rights predate the foundation of the United States, beginning with the signing of the Magna Carta in England in 1215. So the principles of jury trial were long established in the British Common Law upon which US Federal Law and most states (all but Louisiana, which is based upon Napoleonic Law.)
"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 of 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."
The purpose of a selected jury is to represent the population or country as a whole to judge the defendant, who represents the rights of the people. (i.e. the people as a whole, represented by the jurors, decide whether or not they desire the freedom to perform whatever actions are on trial.)
The purpose of trial by jury, is to permit a "trial by country," opposed to a "trial by Government." Thus, in the final analysis, it is up to the people to determine which laws have been set by their Government they truly wish to obey, and not the Government'swill alone.
This is not the model, which they taught you in school, and it is at variance with the statements frequently made in court by judges. (Whose purpose in a jury trial is not to judge, but to provide order safety and advice.)
With an informed jury, no law may be enforced which the jury finds reprehensible, regardless of the opinions of the judges, legislators or police. Juries have the final say in whether or not a law is just and enforceable.
Truly, if this were otherwise, Tyranny is the result. If the Government declares the law, and the Government determines whether or not the law is valid, then the Peoiple have lost their freedom, and have only those freedoms left which the Government chooses to leave to them.
The legal mechanism is thus: The Legislature creates the law, the Executive puts the law into effect, and enforces the law, the Courts (in the form of the Jury, a randomly selected subset of the People,) determine if the law is valid. In our last hundred years, increasingly the function of the Courts, represented by the Jury, has come to be represented by the Judges, who are, of course, not a random selection of the People, but a selected part of the Government.
Our current Government has gone so far as to say that it will continue to hold (at least some) defendants, even if they are found innocent!
I highly recommend that all people subject to jury duty (adult citizens) read this book. Despite being written well over 100 years ago, it is quite clearly written, and being short and important to your liberty, will pay great dividends for the little time invested in reading. If you read one book this year, let this be the one.
7 of 7 people found the following review helpful.
Any eye opener
By Slippy
This book gives an eye opening look at our judicial system and why the trial by jury is so important. As one of the checks and balances of our constitution, it allows "the people" to keep government from issuing oppressive laws. They are the final arbiter of a laws fairness by their decision to convict or acquit. Despite the fact that judges and lawyers and others try to make a jury work "within" the system, the fact is, juries are allowed, encouraged and expected to judge the laws for themselves as members of the community as to their fairness. This process is called jury nullification. By this act, juries keep what laws they deem as meaningful, fair and honest. The rest are simply ignored. This is true in murder vs. self-defense, taxes, anything.
Spooner basically asserts that without this time honored tradition; that if a judge, lawyer or any official of the court or government can limit a jury to work strictly within the law that the trial is no longer a trial by jury or "the people" but a trial by the state, with an outcome that can be dictated and decided by it as well. In fact, even the act of a judge not allowing evidence in for consideration voids the trial and should immediately result in dismissal. The jury is allowed to hear all evidence, despite what technicality it is not allowed in for. They are the sole arbiter of what is right and wrong, good or evil. It is felt that no great knowledge of law is necessary to decide if someone is guilty or innocent and even if a law was broken the jury has every right to find a person innocent if they feel that what transpired was the right thing to do.
I recommend this book for those interested in freedom, justice and the constitution. It also gives excellent history of the trial by jury going back to its inception under the Magna Carta.
13 of 15 people found the following review helpful.
Best book on the subject
By William Grossklas
To properly understand the reason for the system of trial by jury one can do no better than to read Spooner's essay. He covers the history of the concept and the proper role of the "judge" and the rights of the jury. The concept of Jury Nullification and the need for it become clear with a reading of his work. One reading of Spooner's essay and you will never view our judicial system in the same light.
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