A Quote by David L. Bazelon
Nullification is not a 'defense' recognized by law, but rather a mechanism that permits a jury, as community conscience, to disregard the strict requirements of law where it finds that those requirements cannot justly be applied in a particular case.
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In separating out, say, legal and moral requirements, I tend to work with paradigms rather than strict divisions - eg, paradigmatically, legal requirements are jurisdictionally bound whereas ethical requirements are aspirationally universal; ethical requirements focus especially on intentions whereas legal requirements focus primarily on conduct; ethical requirements take priority over legal requirements; and so on.
Law and justice are from time to time inevitably in conflict ... . The jury ... adjusts the general rule of law to the justice to the particular case. Thus the odium of inflexible rules of law is avoided, and popular satisfaction is preserved ... That is what jury trial does. It supplies that flexibility of legal rules which is essential to justice and popular contentment.
Unlike private enterprise which quickly modifies its actions to meet emergencies - unlike the shopkeeper who promptly finds the wherewith to satisfy a sudden demand - unlike the railway company which doubles its trains to carry a special influx of passengers; the law-made instrumentality lumbers on under all varieties of circumstances at its habitual rate. By its very nature it is fitted only for average requirements, and inevitably fails under unusual requirements.
Although the theory of relativity makes the greatest of demands on the ability for abstract thought, still it fulfills the traditional requirements of science insofar as it permits a division of the world into subject and object (observer and observed) and, hence, a clear formulation of the law of causality.
In our system, we leave questions of fact to a jury. But to render a verdict, a jury must know the law. For this, we rely upon jury instructions. Instructions are supposed to translate the law into lay terms that the jury can apply to the facts as they determine them.
Jurors 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.
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law.
I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.
The health care law's individual mandate forces nearly all individuals to buy health insurance or pay a penalty. The mandate cannot be severed from the rest of the law because it is the primary mechanism through which the law's changes are supported. Without the mandate, the law collapses.
Law itself is either suspended, or regarded as an instrument that the state may use in the service of constraining and monitoring a given population; the state is not subject to the rule of law, but law can be suspended or deployed tactically and partially to suit the requirements of a state that seeks more and more to allocate sovereign power to its executive and administrative powers. The law is suspended in the name of "sovereignty" of the nation, where "sovereignty" denotes the task of any state to preserve and protect its own territoriality.
If the rights of civil partners are met differently in law to those of married couples, there is no discrimination in law, and if civil partnerships are seen as somehow 'second class' that is a social attitude which will change and cannot, in any case, be turned around by redefining the law of marriage.
The trial by jury might safely be introduced into a despotic government, if the jury were to exercise no right of judging of the law, or the justice of the law.
We cannot live in peace without Law. And though law cannot be perfect, it may be just if it is written in ignorance of the identity of the claimants and applied equally to all. Then it is a possession not only of the claimants but of the society, which may now base its actions upon a reasonable assumption of the law?s treatment.
Since natural law was thought to be accessible to the ordinary man, the theory invited each juror to inquire for himself whether a particular rule of law was consonant with principles of higher law. This view is reflected in John Adams' statement that it would be an 'absurdity' for jurors to be required to accept the judge's view of the law, 'against their own opinion, judgment, and conscience.'
The study of law can be disappointing at times, a matter of applying narrow rules and arcane procedure to an uncooperative reality; a sort of glorified accounting that serves to regulate the affairs of those who have power--and that all too often seeks to explain, to those who do not, the ultimate wisdom and justness of their condition. But that's not all the law is. The law is also memory; the law also records a long-running conversation, a nation arguing with its conscience.
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