Source: Law & Liberty
by Daniel Pitt
“Scruton argued that the jury system ‘ensured that the law remained responsive to the ordinary conscience, since juries would not convict if the penalty seemed to be severe or the crime a mere formality.’ Indeed, Adam Smith argued that ‘people are generally disposed to favour innocence’ in criminal cases. Removing juries and replacing them with new judge-alone courts will not ensure any of the benefits that enhance our liberty and justice that juries provide. Having the general public, via jury duty, participate in the administration of justice improves and enhances the reputation of the law and ensures that the general public sees the law as ours and that it is liberty-enhancing and enabling rather than a top-down imposition on our freedom.” (07/23/25)