Constitutional trial by jury

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Can you gain their trust? It makes no sense. Or does it? I believe the answer is simply… money. One thing the 7th Amendment does is cost bad people, bad companies, and bad government money.

Jury trials can get in the way of profit. A jury trial is the only thing that somewhat can even the playing field between David you and Goliath large corporations. Think about it — if you are injured because Hyundai built an unsafe car , you think you can just call them up and they will agree to make it right?

Jury trials allow you to go up against companies and have a somewhat fair shake — having the case be decided by peers. Sure, the corporations have more money, can pay for lawyers, etc. In turn, the mega-corporations spend a ton of money lobbying to avoid juries, which leads to gutting of the 7th Amendment. You see laws like ones cited above that expressly defy the 7th Amendment, by nullifying jury decisions or limiting jury power. Corporations have convinced the Government to step in and silence the people juries.

There is no problem with making money, but you cannot trample the Constitution to do so. And again. Daines disguises his contempt for the Constitution by blaming trial lawyers, who are merely the engine of the 7th Amendment. Trial lawyers are to the 7th Amendment what gun and ammo manufacturers are to the 2nd Amendment.

One cannot, as Daines does, pretend to care about the Constitution in regards to the 2nd Amendment, yet stomp all over the Constitution when it comes to the 7th Amendment. But politicians will be politicians.

This is really Constitutional , yet politicians seem to take the approach of only worrying about the Constitution if convenient, or better said, if profitable. Democrats should not go without criticism either. Though Democrats typically do show strong support for the 7th Amendment, Democrats instead focus their ire on other fundamental rights, such as the right to bear arms in the 2nd Amendment. I could write a similar article to this one on the 2nd amendment and democrats.

It is the same thing, in Constitutional terms! The Constitution is not suppose to be about what one party likes or dislikes. Nor is is about what makes people or companies the most money. The Constitution is suppose to matter, all of it. When Republicans tout tort reform or bash trial lawyers, it is the Constitutional equivalent of banning handguns, or penalizing gun manufacturers. Utah, U. Story , Commentaries on the Constitution of the United States A right to jury trial is granted to criminal defendants in order to prevent oppression by the Government.

Those who wrote our constitutions knew from history and experience that it was necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority. The framers of the constitutions strove to create an independent judiciary but insisted upon further protection against arbitrary action.

Providing an accused with the right to be tried by a jury of his peers gave him an inestimable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge. Fear of unchecked power. At other times the function of accurate factfinding has been emphasized. Pennsylvania, U. Although federal judges may comment upon the evidence, the right to a jury trial means that the judge must make clear to the jurors that such remarks are advisory only and that the jury is the final determiner of all factual questions.