Hiller B. Zobel is a fellow of the Society of American Historians and a retired Associate Justice of the Massachusetts Superior Court. Zobel has also published books on the both legal and historical subjects including The Boston Massacre, released in 1996, and Doctors and the Law: Defendants and Expert Witnesses, published in 1993. He was recalled from retirement in 2006 and now serves the Middlesex Superior Court.
Is trial by jury the essential underpinning of our system of justice or—as more and more critics charge—a relic so flawed it should perhaps even be abolished? An experienced trial judge examines the historical evidence in the case.
Every one of the Founding Fathers was a historian—a historian who believed that only history could protect us from tyranny and coercion. In their reactions to the long, bloody pageant of the English past, we can see mirrored the framers’ intent.