An Essay on the Trial By Jury

"An Essay on the Trial By Jury" by Lysander Spooner is a political and historical analysis from the 1800s that explores the idea of trial by jury as a defense against unfair government control. Spooner looks at the history and main ideas behind the jury system, noting how it protects people from oppression. He stresses that juries should not just look at the facts, but also decide if the laws themselves are fair, because they have the ability to cancel laws that are not just. Spooner starts by saying that he wants to prove that trial by jury is a defense against tyranny. He explains the rights and duties of juries based on Common Law and the Magna Carta, arguing that juries must be able to judge the fairness of laws. He believes that without this power, the jury system is pointless and becomes a tool for the government to mistreat people, setting the stage for a discussion criticizing current court practices and supporting the need for juries to stay separate from government influence.