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On the powers and duties of juries, and on the criminal laws of England
On the powers and duties of juries and on the criminal laws of England Author:Richard Phillips Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: 109 IV. OF THE CALLING, CHALLENGING, AND SWEARING, OF THE PETIT JURY, AXD OF THE FORMS OF TRIALS. A Juryman should make himself acquainted with th... more »e forms of a Court of Justice, or he will be more of an automaton than an intelligent party during the proceedings, instead of being a principal, and the person who is appointed to decide the issue. In civil causes the Jury are drawn asdirectedbythestatute(Geo.ii.cap.S) given at p. 65 ; but in criminal cases the Sheriff returns the whole panel, which, however, he ought to assort in regard to their residences. Being called, and an- 110 MEETING OF THE COURT. swering, the prisoners are told by the Clerk, that thosegoodmen now called and appearing, are to pass on their lives and deaths; therefore, if they would challenge any of them, they should do it before they are sworn. If no challenge is made, the Jury are desired to look on the prisoners, and then twelve of them are sworn. The Court may charge the same Jury with as many prisoners as it thinks proper ; but the Jury must be re-sworn in every cause. To maintain the purity and impartiality of Trial by Jury, it is lawful for the parties to except to, or challenge, the whole Jury, or any of them, before they are sworn. In cases of treason thirty-five, and in other capital cases twenty, of the persons summoned, may be challenged without any reason being assigned by the prisoner ; and this is called the peremptory challenge. The whole of the Jury or Array may be challenged, if any partiality can be proved in the Sheriff or Summoning Officer. In other trials, exceptions may be taken to particular Jurymen, for causes assigned. Of course after peremptory challenge made, the Juryman withdraws ; but in cases of challenge for cause shewn,, the question is tried...« less