Share on Facebook Share on Twitter Comment on this quoteShare via Email Print this Page Daily Quotes Archives2012-02-01 Feb 1, 2012The drafters of the Constitution clearly intended [the right of trial by jury] to protect the accused from oppression by the Government. Singer v. United States, 380 U.S. 24, 31, 85 S. Ct. 783, 788, 13 L. Ed. 2d 630 (1965). ... Part of this protection is embodied in the concept of jury nullification: “In criminal cases, a jury is entitled to acquit the defendant because it has no sympathy for the government’s position.” United States v. Wilson, 629 F.2d 439, 443 (6th Cir. 1980). The Founding Fathers knew that, absent jury nullification, judicial tyranny not only was a possibility, but was a reality in the colonial experience. Although we may view ourselves as living in more civilized times, there is obviously no reason to believe the need for this protection has been eliminated. Judicial and prosecutorial excesses still occur, and Congress is not yet an infallible body incapable of making tyrannical laws.~ Judge Thomas WisemanThe jury possesses a general veto power and may acquit when it has no sympathy for the Government’s case, no matter how overwhelming the evidence of guilt. A jury acquittal is final and unreviewable; a judge may not direct a jury to convict or vacate an acquittal, nor may a prosecutor appeal an acquittal on grounds of judicial error or erroneous jury determination.~ Lieutenant Commander Robert E. KorrochIt may not be amiss, here, Gentleman, to remind you of the good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide. But it must be observed that by the same law, which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy. ... For, as on the one hand, it is presumed, that juries are the best judges of facts; it is, on the other hand, presumable, that the court are the best judges of law. But still both objects are lawfully, within your power of decision.~ U.S. Supreme Court Jan 31, 2012The germ of dissolution of our federal government is in ... the federal judiciary; an irresponsible body (for impeachment is scarcely a scare-crow), working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing it’s noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one. ...when all government... in little as in great things, shall be drawn to Washington as the centre of all power, it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated.~ Thomas JeffersonIt is far more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.~ Alexander HamiltonFrom now onwards the jury enters on a new phase of its history, and for the next three centuries it will exercise its power of veto on the use of the criminal law against political offenders who have succeeded in obtaining popular sympathy.~ U.S. Court of Appeals Sixth Circuit Jan 30, 2012We must pity the poor wretched, timid soul who is too faint-hearted to resist his oppressors. He sings the song of the dammed: “I can’t fight back; I have too much to lose; I own too much property; I have worked too hard to get what I have; They will put me out of business if I resist; I might go to jail; I have my family to think about.” Such poor miserable creatures have misplaced values and are hiding their cowardice behind pretended family responsibility -- blindly refusing to see that the most glorious legacy that one can bequeath to posterity is liberty; and that the only true security is liberty.~ Marvin CooleyA juror who is forced by the judge’s instructions to convict a defendant whose conduct he applauds or at the least feels is justifiable, will lose respect for the legal system. . . . A juror compelled to decide against his own judgment will rebel at the system that made him a traitor to himself.~ Alan W. ScheflinI do encourage you to question authority, apply logic, and think for yourself. Look at the forest, not the trees. And the centuries, not the months. Or you might risk being lead willingly, as a sheep, to the slaughter.~ Rick Gaber Jan 27, 2012Why do we love this trial by jury? Because it prevents the hand of oppression from cutting you off ... This gives me comfort—that, as long as I have existence, my neighbors will protect me.~ Patrick HenryCan we assume that a thing is right if it is legal? But slavery was once legal; Nazism was legal. Well, can we assume a thing is right if it is endorsed by majority rule? But a lynch mob is majority rule. Is a thing sure to be right, then, if it comes about through the democratic process? But fascist dictator Juan Perón of Argentina was democratically elected by majority rule on two occasions. . . . Well, how about the Constitution? But again we run into difficulties, for the Constitution can be amended to say anything the society wishes it to say. Suppose, for example, the Constitution were amended to permit the lynching of blacks—would this practice become ethically correct merely because the Constitution permitted it? The moral basis of capitalism is the right of each individual to live his own life, for his own sake.~ R.W. GrantJury lawlessness is the greatest corrective of law in its actual administration. The will of the state at large imposed on a reluctant community, the will of a majority imposed on a vigorous and determined minority, find the same obstacle in the local jury that formerly confronted kings and ministers.~ U.S. Court of Appeals District of Columbia Jan 26, 2012If the prosecutor is obliged to choose his case, it follows that he can choose his defendants. Therein is the most dangerous power of the prosecutor: that he will pick people he thinks he should get, rather than cases that need to be prosecuted. With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him. It is in this realm -- in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes that of being unpopular with the predominant or governing group, being attached to the wrong political views, or being personally obnoxious to or in the way of the prosecutor himself.~ Justice Robert H. JacksonJurors have found, again and again, and at critical moments, according to what is their sense of the rational and just. If their sense of justice has gone one way, and the case another, they have found “against the evidence,” ... the English common law rests upon a bargain between the Law and the people: The jury box is where the people come into the court: The judge watches them and the people watch back. A jury is the place where the bargain is struck. The jury attends in judgment, not only upon the accused, but also upon the justice and the humanity of the Law.~ E. P. ThompsonMy liberty is not for sale.~ Edward Bushell Previous week's quotes Next week's quotes Share on Facebook Tweet Email Print