|McElroy, Wendy ||A Reconsideration of Trial By Jury|
Trial by jury, as evolved under common law, has long been considered a procedural right of a free society, but it is far from clear what role the jury system would play in a libertarian society, or if it would exist at all. The traditional role of juries is twofold: to pass judgment on a defendant; and, to judge the law under which the defendant is tried. In its first role, it is not clear where a collective body can claim a monopoly right to adjudicate the case of an individual who does not assign this right and who is presumed innocent under the law. In its second role, there are reasons to wonder whether twelve men judging the law will lead to more or to less justice.
First published in The Libertarian Enterprise, July 27th, 1998.
|Abortion||Feminists Against Women: The New Reproductive Technologies||Mises' Legacy to Feminism|