Free Political Institutions Their Nature, Essence, and Maintenance An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury" EDITED BY VICTOR YARROS LONDON C. W. DANIEL, LTD. 3, Amen Corner, E.C. 1912 CHAPTER 3: TRIAL BY JURY AS DEFINED BY MAGNA CHARTA.-AUTHORITY OF MAGNA CHARTA For more than six hundred years-that is, since Magna Charta 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 s...
I Suffering and ever-present danger are quick teachers. In the three months of penitentiary life I have learned many things. I doubt whether the vague terrors pictured by my inexperience were more dreadful than the actuality of prison existence. In one respect, especially, the reality is a source of bitterness and constant irritation. Notwithstanding all its terrors, perhaps because of them, I had always thought of prison as a place where, in a measure, nature comes into its own: social distinctions are abolished, artificial barriers destroyed; no need of hiding one's thoughts and emotions; one could be his real self, shedding all hypocrisy and artifice at the prison gates. But how different is this life! It is full of deceit, sham, and pharisaism-an aggravated counterpart of the outside world. The flatterer, the backbiter, the spy,-these find here a rich soil. The ill-will of a guard portends disaster, to be averted only by truckling and flattery,...