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[L]et it be again remembered, that delays, and little inconveniences in the forms ofjustice, are the price that all free nations must pay for their liberty in more substantial matters; that these inroads upon this sacred bulwark of the nation are fundamentally opposite to the spirit of our constitution; and that, though begun in trifles, the precedent may gradually increase and spread to the utter disuse of juries in questions of the utmost concern.

Recharging the Jury: The Criminal Jury's Constitutional Role in an Era of Mandatory Sentencing