64 U. Colo. L. Rev. 57 (1993)
The Jurisprudence of Jury Trials: The No Impeachment Rule and the Conditions for Legitimate Legal Decisionmaking

handle is hein.journals/ucollr64 and id is 87 raw text is: THE JURISPRUDENCE OF JURY TRIALS:
THE NO IMPEACHMENT RULE AND THE
CONDITIONS FOR LEGITIMATE LEGAL
DECISIONMAKING
MARK CAMMACK*
When the Jury was hung, and the hour grown late when men
go home to bed, a juror proposed that they should settle the
question by a game of Old Sledge, for, as he said, 'We don't
know a goldurned thing about this fellow, nohow.' So the cards
were fetched and the game commenced between the two cham-
pions of the opposed factions of the jury. On the stroke of
midnight the score was seven to seven, when the hanging cham-
pion threw the jack and won the game. So the gallows was
built and on it was nailed the Jack of Spades. When the man
was brought forth on the appointed day and stood on his own
coffin on the cart, he cursed them all soundly for the injustice
that he, being a good man at the cards, had not been allowed
to turn even one to save his neck. I
There is probably no other feature of the law that is at once
the object of such extravagant praise and utter contempt as the
lay jury. Supporters have revered trial by jury as, among other
things, the most transcendent privilege which any subject can
enjoy'2 and the lamp that shows that freedom lives.3 Critics,
on the other hand, have reviled the jury as a dozen dimwits
gathered at random'4 and the stupidity of one brain multiplied
by twelve.5 Of all our legal institutions, the jury has seldom
been forced to endure public indifference.'6
* Associate Professor of Law, Southwestern University School of Law. Susan
Davies, Kent Greenawalt, Warren Grimes, Anne Lombard, David Leonard, Eben Moglen,
Andy Rutten, Peter Strauss, Richard Uviller, and Larry Young all provided useful comments
and criticisms on earlier drafts of this article. Peter Coleridge and Theresa Hofmeister
provided able research assistance. Financial support for completion of the article was
provided by a summer research grant from Southwestern University School of Law.
I. ROBERT P. WARREN, WORLD ENOUGH AND TIME 27 (1950).
2. 3 WILLIAM BLACKSTONE, COMMENTARIES *379.
3. PATRICK DEVLIN, TRIAL BY JURY 164 (1956).
4. Contra Gene S. Graham, From the Press, in THE JURY SYSTEM IN AMERICA: A
CRrrIcAL OVERVIEW 197, 202 (Rita J. Simon ed., 1975).
5. Martha A. Myers, Book Review, 79 J. CRIM. L. & CRIMINOLOGY 548 (1988)
(quoting Elbert Hubbard, in DICTIONARY OF QUOTABLE DEFINITIONS 305 (Eugene E. Brussell
ed., 1970)).
6. Id.

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