The title of this post is the title of this essay recently posted to SSRN and authored by Jordan Richardson. Here is its abstract:
The Founders insistence on trial by jury was not just a preference for ritualistic formalities. It was a prescriptive demand to protect liberty. It shifted the authority for final decisions from government bureaucrats into the hands of citizens, so that “before an individual can lose her liberty in a criminal case, the people themselves must agree.” The legislature could propose laws criminalizing behavior, the executive could enforce those laws with appropriate resources, and the judiciary could oversee the process to ensure legality. But the institution of the jury was the final check to hold all three branches accountable.
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