A Quote by Samuel Chase
The jury has the right to determine both the law and the facts.
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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.
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.
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.
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.
My approach to deciding cases is I look at the law, I look at the facts, and I do my best to apply the law to the facts and make a decision based on the law and the facts.
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.
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.
Standing up on the right to trial by jury is something that, really, a lot of people should agree with, you know, both on the Right and the Left.
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.
There's a lot of money with a lot of big law firms that have a tremendous amount at stake by getting the right language to convince the right jury that my client is either innocent or that the opposition is guilty.
Newton's law is nothing but the statistics of gravitation, it has no power whatever.
Let us get rid of the idea of power from law altogether. Call law tabulation of facts, expression of facts, or what you will; anything rather than suppose that it either explains or compels.
If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell
If the question [before justices of the peace] relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact.
A law of nature is not a formula drawn up by a legislator, but a mere summary of the observed facts - a "bundle of facts." Things do not act in a particular way because there is a law, but we state the "law" because they act in that way.
In these home affairs things I think occasionally it's the duty of politicians on both sides to turn round to the tabloids and right-wing newspapers and say 'you have your facts wrong and you're whipping up facts which are inaccurate
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