A Quote by E. P. Thompson

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.
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.
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.
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.
The jury system has come to stand for all we mean by English justice. The scrutiny of 12 honest jurors provides defendants and plaintiffs alike a safeguard from arbitrary perversion of the law.
If the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of the government; for there are no oppressions which the government may not authorize by law.
In civil or criminal litigation in a jury case, the only way for a defendant to avoid a trial is for a judge to rule that there was no evidence from which the jury could find for the other side.
The Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.
Such a prostitution of judicial power can never occur again under the shadow of the British law, for no jury within the wide circle of the empire would submit to such an infraction of their privilege, even if a judge could be found daring enough to attempt it.
I believed there was enough evidence to go to trial. Grand jury said there wasn't. Okay, fine. Do I have a right to disagree with the grand jury? Many Americans believe O.J. Simpson was guilty. A jury said he wasn't. So I have as much right to question a jury as they do. Does it make somebody a racist? No! They just disagreed with the jury. So did I.
I'm no idealist to believe firmly in the integrity of our courts and in the jury system -- that is no ideal to me, it is a living, working reality. Gentlemen, a court is no better than each man of you sitting before me on this jury. A court is only as sound as its jury, and a jury is only as sound as the men who make it up.
There has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws.
The trial by jury is a trial by 'the country,' in contradistinction to a trial by the government. The jurors are drawn by lot from the mass of the people, for the very purpose of having all classes of minds and feelings, that prevail among the people at large, represented in the jury.
There is but one law for all, namely that law which governs all law, the law of our Creator, the law of humanity, justice, equity - the law of nature and of nations.
It is the duty of the Judge in criminal trials to take care that the verdict of the jury is not founded upon any evidence except that which the law allows.
There was once a professor of law who said to his students. When you are fighting a case, if you have facts on your side hammer them into the jury, and if you have the law on your side hammer it into the judge. But if you have neither the facts nor the law, asked one of his listeners? Then hammer the hell into the table, answered the professor.
This site uses cookies to ensure you get the best experience. More info...
Got it!