the american revolutionaries weren't the "good guys"

[webster]

In 1734 the trial of John Zenger took place. It's mostly considered a freedom of the press case, but the case also illustrates that colonial juries were often not willing to convict in cases brought by the Crown. The Stamp Act took away some of those rights and placed cases at Admiralty Courts, the Intolerable Acts followed further restricting the right to a jury trial, but trial by jury was never always the practice in the colonies just as its not now guaranteed in every instance. (In VA today, jury trials are not held in district courts which hear criminal cases as well as civil, only in circuit courts.)

Jefferson wrote that the right to sit on a jury was more important than the right to vote: "The execution of the laws is more important than the making them" https://founders.archives.gov/docume.../01-15-02-0275

[chirack]

Originally Posted by webster

In 1734 the trial of John Zenger took place. It's mostly considered a freedom of the press case, but the case also illustrates that colonial juries were often not willing to convict in cases brought by the Crown. The Stamp Act took away some of those rights and placed cases at Admiralty Courts, the Intolerable Acts followed further restricting the right to a jury trial, but trial by jury was never always the practice in the colonies just as its not now guaranteed in every instance. (In VA today, jury trials are not held in district courts which hear criminal cases as well as civil, only in circuit courts.)

Jefferson wrote that the right to sit on a jury was more important than the right to vote: "The execution of the laws is more important than the making them" https://founders.archives.gov/docume.../01-15-02-0275

The U.S. Constitutions' Sixth amendment calls for trial by jury in all Criminal cases. It is part of the bill of Rights. For Criminal cases a defendant may waive the right of trial by Jury but it is his right to wave. Now the Supreme court has held that if the penalty is six months or less in jail then the right of trail by has not been Triggered(i.e. the crime is considered petty). There is also a right for Trial by jury if the value exceed a certain amount of money in both criminal and civil cases.

Also in the U.S. the Federal government is forbidden from moving a Federal case outside of the state in which the crime or civil case happened. So in the U.S. if they were to prosecute it as a crime or a person has a civil suit in the federal court then what happens in Georgia, stays in Georgia. The best the Federal government or someone involved in the case can do is ask the judge to move the case somewhere else in the State that is more favorable and the Judge can deny the request.

In the states, Circuit courts tend to handle more serious crimes (Felonies) and they handle appeals and District courts tend to handle smaller matters, say a speeding ticket. For the Federal government district courts are where court cases are handled until appealed.

For the Colonist it was seen as a way to replace the local courts with ones controlled by Parliament. Esp. as those courts were meant to handle trials for things that happened at sea. Even with the U.S. Constitution's establishment of a Federal court system. State Courts still matter and they handle most matters. Only violations of Federal law or certain Civil cases like Bankruptcy are handled Federally.

[webster]

Virginia's current system is very much based on the colonial model. It still hears ecclesiastical cases (not doctrine, but land matters when churches get into disputes over doctrine and split). VA never had ecclesiastical courts (there was never a Church of England bishop in VA). Chapter 2, Title 57 of the Code is just part of that body of law which can trace its origins from the colonial era. Magistrates still determine bail and other matters which in many states are handled by judges. The Vice Admiralty Court was established in VA in 1698. They handled piracy cases - it wasn't until the 1700's that piracy on the Chesapeake Bay and the Tidewater rivers was brought under control. They also determined who received "prizes" from privateers with a "letter of marque." The last pirate killed by law enforcement was in 1959, that is often cited as the last battle of the Oyster Wars on the Bay.

In colonial VA, judges sat for life if they wanted. That was only recently changed with an age limit (73). However, a judge who retired due to age can still sit when called upon (my neighbor is one).

The VA judiciary in the colonial era: http://www.virginiaplaces.org/govern...the%20colonies.

Some say Hangman's Path in Williamsburg is haunted; I don't believe it, but I won't walk it at night. Pirates were hung there.

[webster]

A further clarification on VA courts. VA declared itself independent prior to July 1776 and considered itself a sovereign republic. It kept its own Court of Admiralty. That was abolished by the state legislature on December 25, 1788 and pursuant to the new federal Constitution was effective March 4, 1789. There were a few cases pending and those went to the district courts.

For its short period of existence, the VA Admiralty Court established new percentages for dividing up "prizes" with more generous percentages than the Crown allowed. Virginia at the time had its own navy also and prizes were divided up also. The VA State Navy was abolished in 1861 when it was merged with the Confederate Navy, though during the Oyster Wars, the Governor did command a trawler as his "flagship" to suppress oyster pirates.