Mansfieldism Reconsidered
12 Pages Posted: 16 Aug 2005
Date Written: August 1, 2005
Abstract
Examines history, using original sources, showing that the original standard of due process for jury trials was to argue all questions of law in the presence of the jury, and argues that the present practice of removing legal argument from the presence of the jury is unconstitutional.
Keywords: jury, trial, due process, legal argument, constitution,procedure
JEL Classification: K10, K14, K40, K41
Suggested Citation: Suggested Citation
Roland, Jon, Mansfieldism Reconsidered (August 1, 2005). Available at SSRN: https://ssrn.com/abstract=776227 or http://dx.doi.org/10.2139/ssrn.776227
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