Theophilus Parsons Quotes
If a juror accepts as the law that which the judge states, then the juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen's safeguard of liberty.
Many of our Founding Fathers held the view that the Jurors should decide not only about the facts but also they have the final decision on the law. The concept of the jury not following the judge’s interpretation and instructions as to the law is called Jury Nullification of which many of the founders approved. In modern times however, most states require the jury to accept the judge’s instructions as to the law, and the Jury’s only role is to decide on the facts. Maryland is the only state left which allows the jury to make the final decision on the law as well as the facts. However, many jurors will silently nullify the Judges instructions and vote accordingly as jurors need not explain their reasoning in most jurisdictions. See {641742}, {590841}, {591140} & {591139} for similar views by other Founding Fathers.
Theophilus Parsons, 1750–1813, Chief Justice of the Massachusetts Supreme Court, 1788
Sourced by: Eigen's Political and Historical Quotations
This concept of balance of power and the equal role of the judiciary is actually quite rare. Even in Parliamentary democracies the parliament can override any court interpretation. In England, the upper legislative house, the House of Lords, actually serves as the nation’s highest or supreme court. And these “Law Lords” can override all regular judicial bodies.
Three Chicago Aldermen had marched on an art school demanding that a painting they found offensive be removed from public display. The police seized the painting, prompting a lawsuit.
See John Marshall's later (1803) use of the concept and term "repugnant." {606483}
Cleopatra was an outstanding ruler who spoke 9 languages and depended on relatively few advisors.
- Born: February 24, 1750
- Died: October 30, 1813
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