United States v. Burr
U.S. Circuit Court for the District of Virginia
[At law. On challenge of jurors for cause on the trial of Aaron Burr. The examination of the jurors summoned and the running comments of counsel and court will be found reported in the main case, No. 14,093.] Mr. Martin addressed the court at length on the qualifications of jurors. He insisted that the constitutional guaranty that every criminal shall be tried by an “impartial jury,” required that the jurors should be perfectly indifferent and free from prejudice.
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[At law. On challenge of jurors for cause on the trial of Aaron Burr. The examination of the jurors summoned and the running comments of counsel and court will be found reported in the main case, No. 14,093.] Mr. Martin addressed the court at length on the qualifications of jurors. He insisted that the constitutional guaranty that every criminal shall be tried by an “impartial jury,” required that the jurors should be perfectly indifferent and free from prejudice. He enforced with much power the position that a man who had formed an opinion as to the criminal intention of the accused,…
1Opinion of the Court
MARSHALL, Chief. Justice.
The great value of the trial by jury certainly .consists in its fairness and impartiality. Those who most prize the institution, prize it because it furnishes a tribunal whieh may be expected to be uninfluenced by an undue bias of the mind. I have always conceived, and still conceive, an impartial jury as required by the common law, and as secured by the constitution, must be composed of men who will fairly hear the testimony which may be offered to them, and bring in their verdict according to that testimony, and according to the law arising on it. This is not to be…
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