Summary
I now come to consider the cases to which I have before alluded, in which jury trial is dispensed with. I shall show their nature, and how the question to be decided under the Acts of Parliament to which we object in no way belongs to that class of Questions.
Having one day explained the nature of these Acts to a working man, he appeared incredulous of their existence, and. exclaimed, “This is impossible! for every one in England can claim jury trial.” I believe these words to be expressive of a misapprehension under which a vast number of people labour. This man's impression was true regarding the great principles of English legislation. But a supporter of these Acts might have answered him by telling him that there are in England a number of cases which are decided by a single justice of the peace without the intervention of a jury. Although perhaps at first silenced by this objection, and deprived, therefore, apparently of an obvious argument for claiming jury trial for the women accused under the Acts, our friend, after more mature consideration, could not fail to come to the conclusion that, after all, there was surely some injustice here. In this conclusion he would be correct.
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- The Constitution ViolatedAn Essay, pp. 44 - 68Publisher: Cambridge University PressPrint publication year: 2010First published in: 1871