John Adams Quotes
It is not only [the juror's] right, but his duty…to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.
This is a very important and fundamental quotation. Jefferson, John Adams, John Jay and many other Founding Fathers told us that the jury of peers was the final arbiter of a court case. However, many modern judges and legislatures have tried to erode that principle. In most states judges instructs juries that they are the final arbiter of the facts but he/she is the final arbiter of the law and how it should be applied in the case. But the founders wanted the jury to be the final arbiters of the law as well as the facts as is illustrated here and in {640588} and {640589}. For a more modern concurring view, see {640590}
John Adams, 1735-1826, 2nd President of the United States (Federalist, MA), 1771
Sourced by: Eigen's Political and Historical Quotations
This is a very important and fundamental quotation. Jefferson, John Adams, John Jay and many other Founding Fathers told us that the jury of peers was the final arbiter of a court case. However, many modern judges and legislatures have tried to erode that principle. In most states judges instructs juries that they are the final arbiter of the facts but he/she is the final arbiter of the law and how it should be applied in the case. But the founders wanted the jury to be the final arbiters of the law as well as the facts as is illustrated here and in {640587} and {640589}. For a more modern concurring view, see {640590}.
This principle that the jury may, if it chooses, decide on the law and not neccessarily follow the Judges instructions on the law was held by John Adams and John Jay, the first Chief Justice of the Supreme Court, as well as political and judicial leaders throughout American History. But in the 20th century the Judiciary and many legeslatures has tried to restrict taht freedom of the Juries. At the beginning of the 21st Century, the only state whose laws explictly followed that practice was Maryland, and even there, very few judges ever informed juries that they could override or ignore him on matters of law.
Ever since that decision was written, lawmakers, judges and attorneys have worked very hard to minimize its impact and allow the jury to only decide on the facts and not the law. Only Maryland today preserves the right of the jury to decide what the law means and to judge it. Authorities, even democratic ones, do all they can to prevent what is called “jury nullification”. Regardless, juries often exercise that right regardless of the judge’s instructions.
Note that in his very definition of a Petty Jury the right of the jury to ignore the judge's instructions in criminal matters wasa assumed--not some novel idea. Jury nullification has been a part of the American Criminal Justice System from the inception of the nation.
It is surprising that these ideas would come from one of the most autocratic powerful monarch in the world at the time. However there were many very liberal influences on her from Europe. This set of proposals she even sent to Voltaire to get his feedback and criticism.
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.
- Born: October 30, 1735
- Died: July 4, 1826
- Nationality: American
- Profession: US President, Stateman, Lawyer, Author
John Adams Jr. was an American statesman, attorney, diplomat, writer, and Founding Father who served as the second president of the United States from 1797 to 1801. Before his presidency, he was a leader of the American Revolution that achieved independence from Great Britain, and he served as the first vice president of the United States. Adams was a dedicated diarist and regularly corresponded with many important figures in early American history, including his wife and adviser Abigail Adams and Thomas Jefferson.
