>>> Item number 644, dated 94/05/20 22:16:09 -- ALL
Date: Fri, 20 May 1994 22:16:09 EDT Reply-To: junger@samsara.law.cwru.edu Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: "Peter D. Junger" <pdj@samsara.law.cwru.edu> Subject: mixed juries Date: Fri, 20 May 94 17:50:40 EDT From: "Elizabeth M. Nuxoll" <EMNQC%CUNYVM@UICVM.UIC.EDU> Subject: mixed juries
I am looking for examples of the use of mixed juries--half foreigners, half citizens,in cases where foreigners are accused of crime. I have come upon two references to such juries at the end of the american revolution--one in Philadelphia in a case involving the murder of a sea captain by foreign sailors, and another referred to by Jerome Nadelhaft in his book on South Carolina which states that S.C. used such juries at the end of the war for cases involving foreigners (mostly British I gather who stayed on after the British evacuation.)
Was this a temporary practice at the end of the war, or was it customary?
If so what are the origins and major precedents for this practice?
Any advice would be appreciated.
Elizabeth M. Nuxoll The Papers of Robert Morris, Queens College, CUNY
>>> Item number 647, dated 94/05/21 08:01:51 -- ALL
Date: Sat, 21 May 1994 08:01:51 EDT Reply-To: pdj@samsara.law.cwru.edu Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: "Peter D. Junger" <pdj@samsara.law.cwru.edu> Subject: Re: mixed juries
Date: Sat, 21 May 1994 17:03:13 +1000 (EST) From: Mark Endacott <mendaco%extro.ucc.su.OZ.AU@UICVM.UIC.EDU> Subject: Re: mixed juries
Peter,
you might try looking under: Jury de mediate linguae. this was the old English right(?) for foreigners to have half of the jury drawn from non-english speaking peoples.
On Fri, 20 May 1994, Peter D. Junger wrote:
[Note from the acting moderator: I did not write the referenced message; Elizabeth M. Nuxoll did. I merely forwarded that message to H-LAW in my temporary capacity as Acting Keeper of the Gate. --pdj]
> Date: Fri, 20 May 94 17:50:40 EDT > From: "Elizabeth M. Nuxoll" <EMNQC%CUNYVM@UICVM.UIC.EDU> > Subject: mixed juries
>
> I am looking for examples of the use of mixed juries--half foreigners,
> half citizens,in cases where foreigners are accused of crime. I have
> come upon two references to such juries at the end of the american
> revolution--one in Philadelphia in a case involving the murder of a
> sea captain by foreign sailors, and another referred to by Jerome Nadelhaft
> in his book on South Carolina which states that S.C. used such juries at
> the end of the war for cases involving foreigners (mostly British I gather
> who stayed on after the British evacuation.)
>
> Was this a temporary practice at the end of the war, or was it customary?
> If so what are the origins and major precedents for this practice?
> Any advice would be appreciated.
> Elizabeth M. Nuxoll The Papers of Robert Morris, Queens College, CUNY
>
>>> Item number 648, dated 94/05/23 11:11:37 -- ALL
Date: Mon, 23 May 1994 11:11:37 EDT Reply-To: pdj@samsara.law.cwru.edu Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: "Peter D. Junger" <pdj@samsara.law.cwru.edu> Subject: Re: mixed juries
Date: Sun, 22 May 1994 21:33:09 -0700
From: vieira@garnet.berkeley.edu
Subject: Re: mixed juries
I recently finished a chapter of my diss. that concerned the Cutting Case
(1886),
a thorny case of extraterritoriality. In the process of researching that
case I read many other cases of international law involving foreigners
accused and tried in other countries. I never found the use of mixed juries
in any country during the late nineteenth century. I suspect changes in the
law merchant and in the notion of international law (whether, for example, it
rested on some trans-national natural law/right) led to the decline of the
practice. Hope this helps.
Robert Vieira
UC Berkeley
vieira@garnet.berkeley.edu
>>> Item number 649, dated 94/05/23 11:15:10 -- ALL
Date: Mon, 23 May 1994 11:15:10 EDT Reply-To: pdj@samsara.law.cwru.edu Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: "Peter D. Junger" <pdj@samsara.law.cwru.edu> Subject: Re: mixed juries
From: "GC. Seabourne" <G.C.Seabourne@bristol.ac.uk>
Subject: Re: mixed juries
Date: Mon, 23 May 1994 12:42:30 +0100 (BST)
There is an excellent recent book on the subject of mixed juries - "The Jury of the Other" by Marianne Constable, San Francisco? 1992 or 1993.
Sincerely,
Gwen Seabourne,
University of Bristol
>>> Item number 651, dated 94/05/24 20:07:33 -- ALL
Date: Tue, 24 May 1994 20:07:33 EDT Reply-To: pdj@samsara.law.cwru.edu Sender: Legal History discussion list <H-LAW@UICVM.BITNET> From: "Peter D. Junger" <pdj@samsara.law.cwru.edu> Subject: Re: mixed juries Date: Tue, 24 May 94 17:04:19 EDT From: "Elizabeth M. Nuxoll" <EMNQC@CUNYVM.CUNY.EDU> Subject: Re: mixed juries
thanks to all for the information on mixed juries. I have ordered the
Constable book on interlibrary loan--apparently it just came out in 1994--
and hopefully it will answer my questions. Everyone I have asked
about it previously tended to be 19th century onwards scholars and they
were unfamiliar with it except in a few instances involving Indians (
Native Americans). So I suspect it does drop out of usage, but
presumablythe Constable book will let me know for sure.
sincerely,
Elizabeth M. Nuxoll The papers of Robert Morris