Introduction

• Author: David M. Tanovich; David Paciocco; Steven Skurka
• Pages: 19-23

INTRODUCTION

So

that

the

liberties

of

England cannot

but

subsist

so

long

as ...

[the

jury]

. . .

remains sacred

and

inviolate;

not

only

from

all

open attacks (which none will

be so

hardy

as to

make,)

but

also

from

all

secret machinations which

may sap

and

undermine

it; by

introducing

new and

arbitrary methods

of

trial.

. .

And,

however

convenient

these

may

appear

at first, (as

doubtless

all

arbitrary powers,

well executed,

are the

most

convenient)

yet let it be

again remembered

that

delays

and

little inconveniences

in the

forms

of

justice

are the

price that

all

free

nations must

pay for

their liberty

in

more substantial matters; that these

inroads upon

this

sacred bulwark

of the

nation

are

fundamentally

opposite

to

the

spirit

of our

constitution.

W.R.

Blackstone,

Commentaries

on the

Laws

of

England,

Vol.

4

(Philadelphia:

Rees

Welsh

&

Co., 1900)

at

349-59

Trial

by

jury

is an

institution unique

to

common

law

countries.

It is

more than

a

mere incident

of

criminal procedure.

It has

been described

as a

pillar

of the

Constitution

and

praised

as a

palladium

of

liberty.

This

is

because

the

rights

and

freedoms

of

individuals

in our

society have been protected

from

the

power

of the

state

to

launch prosecutions

and

control

the

appointment

of

judges

by the

requirement

that

guilt

on any

charge must

be

proved

to the

sat-

isfaction

of 12

ordinary citizens.

R. v.

Bryant

(1984),

48

O.R. (2d)

732 at 741

(C.A.),

Blair

J.

xix