FREE BOOKS

Author's List




PREV.   NEXT  
|<   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131  
132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   >>   >|  
rn witnesses, who depose under a special oath to "tell the truth, the whole truth, and nothing but the truth." Their Evidence is the Testimony as to the Fact,--the sole testimony; the jury is the ultimate arbiter to decide on the credibility of the evidence, part by part, and its value as a whole. Sometimes it is an easy matter to answer this Question of Fact; sometimes exceedingly difficult. If there be doubts they must weigh for the accused, who is held innocent until proven guilty. With us the theory that the jury is the exclusive judge of the Question of Fact is admitted on all sides. But in England it has often happened that the judge instructs the jury to "_find the facts_" so and so; that is--he undertakes to decide the Question of Fact. In libel cases it is very common for New England judges to undertake to determine what constitutes a libel, and to decide on the intentions of the accused; that is to decide the most important part of the complex and manifold Question of Fact. For it is as much a question of fact to determine what constitutes a libel, as what constitutes theft, the _animus libellandi_ as much as the _animus furandi_. Sometimes juries have been found so lost to all sense of manhood, or so ignorant of their duties, as to submit to this judicial insolence and usurpation. If the Jury decide the Question of Fact in favor of the accused, their inquiry ceases at that step, they return their verdict, "NOT GUILTY;" and the affair is ended. But if they find he did the deed as charged, then comes the next function of the Jury. II. The Jury are to DECIDE THE QUESTION OF LAW. Is there a statute or custom denouncing a penalty on that special deed? is the statute constitutional? To determine this matter, there are three sources of evidence external to their own knowledge. 1. _The Testimony of the Government's Attorney._ The Government itself is his client, and he gives such a statement of the law as suits the special purposes of the rulers and his own private and particular interest, selects such statutes, customs, and decisions, as will serve this purpose, and declares, Such is the law. Nay, he makes inferences from the law, and thereby infers new customs, and constructs new statutes, invents new crimes. He treats the law as freely as he treats the facts--making the most that is possible against the party accused. You have seen already what tricks Government attorneys have played, how they pervert an
PREV.   NEXT  
|<   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131  
132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   >>   >|  



Top keywords:
decide
 

Question

 

accused

 

special

 

determine

 
Government
 
constitutes
 

animus

 
statute
 

Testimony


statutes

 

customs

 
England
 

Sometimes

 
evidence
 

treats

 
matter
 
knowledge
 

denouncing

 

QUESTION


DECIDE

 

function

 

sources

 

constitutional

 

penalty

 

charged

 

custom

 

external

 

interest

 

freely


making

 
crimes
 

invents

 

infers

 

constructs

 
played
 

pervert

 
attorneys
 

tricks

 
inferences

purposes
 

rulers

 
private
 
statement
 

client

 

affair

 
selects
 

declares

 
purpose
 

decisions