“ In criminal causes, when society is armed against a single individual, the jury is apt to look upon the judge as the passive instrument of social power, and to mistrust his advice. ”
Alexis de Tocqueville, Democracy in America (1835). copy citation
| Author | Alexis de Tocqueville |
|---|---|
| Source | Democracy in America |
| Topic | society advice |
| Date | 1835 |
| Language | English |
| Reference | |
| Note | Translated by Henry Reeve |
| Weblink | http://www.gutenberg.org/files/815/815-h/815-h.htm |
Context
“This aristocracy is invested with no physical power, but it exercises its conservative influence upon the minds of men, and the most abundant source of its authority is the institution of the civil jury. In criminal causes, when society is armed against a single individual, the jury is apt to look upon the judge as the passive instrument of social power, and to mistrust his advice. Moreover, criminal causes are entirely founded upon the evidence of facts which common sense can readily appreciate; upon this ground the judge and the jury are equal. Such, however, is not the case in civil causes;”
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