Billy Gemmell Law & Society Prof.

Smith 4/23/2013

Trial by Jury Alexis Tocqueville

Tocqueville believes that the American jury is both a political and judicial structure. In the sense of a judicial institution, the jury administers the word of the law to the general population. In American society, legislators create laws, law enforcement enforces the law, and the jurors hand out justice based upon the law. Jurors reflect the opinion of the judge and society based on an understanding of basic laws and presentation by the two sides (prosecution & defense). In the sense of a political institution, Tocqueville believes that the jury helps make the society a better place. In other nations, judgment is passed by upper class aristocrats. However, in America, the jury is made up by the general public. It forces the people get an understanding of general laws and exposes them to a better view of society.

-political -enlightens and enhances the intellectual character -educates on general laws

-judicial -pass judgement .

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