Values File

1004 trial by jury in criminal cases is fundamental

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Unformatted text preview: r influence to have their voices heard. They are often constrained by admonitions, so they say nothing lest they jeopardize their Sixth Amendment guarantee to a fair trial. SLHS Value File PREVENTING JURY TAINTING IS CRUCIAL TO PRESERVING PRESUMED INNOCENCE James D. Callahan, Press-Enterprise Co. v. Superior Court (Press-Enterprise I), South Carolina Law Review, Summer, 1999, p. 1003 In an early commentary on the conflict between the rights to a fair trial and to a free press, Lord Ellenborough justified restricting the press from publishing pretrial hearings: If anything is more important than another in the administration of justice, it is that jurymen should come to the trial of those persons on whose guilt or innocence they are to decide, with minds pure and unprejudiced.... Preliminary examinations['] only tendency is to prejudge those whom the law still presumes to be innocent, and to poison the sources of justice. TRIAL BY AN IMPARTIAL JURY IS KEY TO THE AMERICAN SCHEME OF JUSTICE James D. Callahan, Press-Enterprise Co. v. Superior Court (Press-Enterprise I), South Carolina Law Review, Summer, 1999, p. 1004 Trial by jury in criminal cases is fundamental to the American scheme of justice. n60 The essence of the American trial system is that "the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, whether of private talk or public print." Trial by jury is a vital component of the democratic system and justice John Kip Cornwell, Assistant Professor of Law, Seton Hall University School of Law, HOUSTON LAW REVIEW, Fall, 1996, p. 701 We cannot lose sight, moreover, of the prominent role the jury system has historically played in safeguarding democratic ideals of fairness and communitarianism. Characterized by Thomas Jefferson as a unique constitutional anchor, the jury system's guarantee of public participation in government provides a cherished opportunity for citizens--and not "officialdom"--to govern directly. Accordingly,...
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