The American Decisions (volume 9); Containing All The Cases Of General Value And Authority Decided…

Paperback | January 1, 2012

byJohn Proffatt

not yet rated|write a review
Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1886. Excerpt: ... communication or reasoning among the jurors; alight attempts to convince each other, and few changes of opinion after they had retired to their room. It has frequently occurred that jurors have come again and again to the bar declaring, as here, they had not, nor never would agree, yet on the courts firmly informing them that they could not discharge them, have retired, and returned to the bar with a satisfactory verdict. One great objection to this undefined necessity, is that the court who discharge are the sole arbiters of its existence. It is not the subject of revision by any tribunal, for, as was observed in Olcott's case, "the moment cases of necessity are admitted, that moment a door is opened to judge of necessity and determine what combination of circumstances will amount to one." The positive, absolute and extreme cases forming the exceptions to the general rule, the circumstances and casualties showing the impossibility of proceeding in the trial, are capable of proof; but the distant, imaginary and possible contingencies that may arise, to the health of the jurors by keeping them together, are matters of mere conjecture. It is said is a juror to be compelled by hunger to give a verdict contrary to his judgment? Such an extreme case has never occurred. When an extreme case does occur it will be time enough for the court to decide on it. This record states no allegation of any juror being affected in his health, or ready to perish by hunger; but the jury was discharged solely on their declaration that they could not agree, and that there was not the least probability they ever would. I am of opinion therefore, that the court had not authority to discharge the jury for this reason, without and against the consent of the prisoners, and that this discharge amounted to an acq...

Pricing and Purchase Info

$59.50

Out of stock online

From the Publisher

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1886. Excerpt: ... communication or reasoning among the jurors; alight attempts to convince each other, and few changes of opinion after they had retired to their room. It h...

Format:PaperbackDimensions:348 pages, 9.69 × 7.44 × 0.72 inPublished:January 1, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217947212

ISBN - 13:9780217947213

Look for similar items by category:

Customer Reviews of The American Decisions (volume 9); Containing All The Cases Of General Value And Authority Decided In The Courts Of The Several States, From The Earli

Reviews