English juries originally judged from personal knowledge, not presented evidence

Evidence

By 1830–48, public executions, preceded by torture, had almost entirely disappeared. Of course, this generalization requires some qualification. To begin with, the changes did not come about at once or as part of a single process. There were delays. Paradoxically, England was one of the countries most loath to see the disappearance of the public execution: perhaps because of the role of model that the institution of the jury, public hearings and respect of habeas corpus had given to her criminal law; above all, no doubt, because she did not wish to diminish the rigour of her penal laws during the great social disturbances of the years 1780–1820. … Its severity (in fact, the juries regarded the penalties laid down as excessive and were consequently more lenient in their application) had even increased: in 1760, Blackstone had listed 160 capital crimes in English legislation, while by 1819 there were 223. — Michel Foucault, Discipline & Punish- The Birth of the…, 50 (#expands, via linked claim)

The line between a reasonable inference that may permissibly be drawn by a jury from basic facts in evidence and an impermissible speculation is not drawn by judicial idiosyncrasies. The line is drawn by the laws of logic. If there is an experience of logical probability that an ultimate fact will follow a stated narrative or historical fact, then the jury is given the opportunity to draw a conclusion because there is a reasonable probability that the conclusion flows from the proven facts. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 217 (#expands, via linked claim)

Categorization

• XREF: connects to: Early American juries, not judges, determined the law through jury nullification — G. Alan Tarr, Judicial Process and Judicial…, 868; Early English judges drew on unwritten custom because no statutes existed. — G. Alan Tarr, Judicial Process and Judicial…, 108; English law kept harsh public punishments while juries quietly grew lenient — Michel Foucault, Discipline & Punish- The Birth of the…, 50 (+2 more)

Broader Connections

• English law kept harsh public punishments while juries quietly grew lenient #expands (0.80) — Michel Foucault, Discipline & Punish- The Birth of the…, 50
• Permissible jury inferences require a logical probability connecting basic facts to ultimate facts #expands (0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 217