Trial By Jury, Juries Quotes
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}
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}.
The code provided for trial by jury and for proportional taxation on property. It was called “The Duke’s Laws” in recognition of the English Duke of York from whom authority in the colony then derived as the English supplanted the Dutch.
Jury nullification is when the jury believes that the defendant has committed the crime alleged, but acquits anyway because it believes the law is wrong or the defendant acted properly or justly. Most trial judges detest the concept and often tell the jury that they may not engage in the practice. However, there is a long American tradition of jury nullification dating back to colonial America. This quotation shows one of the negative aspects of nullification. See {640833}.
This established the right of trial by jury in America. The spelling is the original from 1641
He is remembered today as the "Hanging Judge" of the American Old West. The two statements of his motto are contradictory unless all trials were perfect and all police, prosecutors, defense lawyers, defendants and witness always told the truth, and never made mistakes. This judge never followed the basic principle laid down by Blackstone regarding criminal law. See {594956}.
This is an interesting historical quotation in that the same political environment existed in the first two decades of the 21st century. She was in particular referring to the slander that was commonly used by her fellow Republican, Senator Joseph P. McCarthy in his demagoguery. She was the first member of the Senate to Condemn McCarthy for his abuse and lies. Led by her example, the other senators got over their fear of McCarthy attacking them and the Senate Censured the Demagogue.
