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“MONSTROUS AND ILLEGAL PROCEEDINGS”: LAW ...

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the parties and the public, with each party having the opportunity to strike four. Once<br />

empanelled, this initial jury reviewed the evidence and issued a public proclamation as to<br />

whether there were grounds for a full trial. 77<br />

If a simple majority of the preliminary jury ruled that the trial could proceed, the<br />

judge then conducted a second sort for a new seven-man jury. Before the trial, the juez de<br />

crimen collected all copies of the offending publication available. The parties then appeared<br />

in front of a jury for a public hearing. Each witness could present evidence, question<br />

witnesses and “make statements regarding the merits” of the case. Following the conclusion<br />

of these oral presentations, the jury entered deliberations. Once the jury reached a verdict,<br />

again by a simple majority vote, the court’s public notary was required to read the full verdict<br />

publicly. If convicted, the defendant had the right to request a third jury to review the case,<br />

again in a public proceeding. The final jury’s verdict in the matter, however, could not be<br />

appealed. In short, local juries had the definitive say in juicios de imprenta. 78<br />

The intensely local and public nature of juicios de imprenta made them fertile grounds<br />

for factional rivals to challenge the personal reputations of their enemies. At the same time,<br />

these cases provided a public stage for prominent vecinos to manifest their ability to obtain<br />

justice, protect their reputation and even enhance their status in the eyes of the local public.<br />

The stakes in these conflicts were high. The outcome reflected the ability of local networks<br />

to appear on behalf of honorable vecinos in order to protect their legal rights and commercial<br />

reputations. In this way, defamation cases combined issues of private legal rights with<br />

notions of public accountability, with local factional elites serving as the gatekeeper between<br />

those spheres.<br />

























































<br />

77 Ibid.<br />

78 Ibid.<br />


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