A Quote by Samuel Taylor Coleridge
I am sure from my experience of juries that, in a criminal case especially, they will obey the law as declared by the Judge; they will take the law from the Judge, whether they like it or do not like it, and apply it honestly to the facts before them.
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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.
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.
For every criminal case, the judge must construct a perfect syllogism: the major premise must be the general law; the minor premise, whether or not the action in question is in compliance with the law; and the conclusion, acquittal or punishment.
I'm a common law judge. I believe in deciding every case on its facts, not on a legal philosophy. And I believe in deciding each case in the most limited way possible, because common law judges have a firm belief that the best development of the law is the one that lets society show you the next step, and that next step is in the new facts that each case presents.
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.
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.
I wouldn't approach the issue of judging in the way the president does. Judges can't rely on what's in their heart. They don't determine the law. Congress makes the law. The job of a judge is to apply the law.
You want a judge who makes objective decisions, and that's why temperament is such an important component of being a judge. You have to earn people's respect, because they know that you are deciding the case based on the facts and the law, not because they're trying to be your friend.
I certainly would not vote against a particular judge already in office because of a decision in a case. You may not agree with a judge's decision, but the judge must act within the law.
Reaching a conclusion has to start with what the parties are arguing, but examining in all situations carefully the facts as they prove them or not prove them, the record as they create it, and then making a decision that is limited to what the law says on the facts before the judge.
The task of a judge is not to make the law - it is to apply the law.
Law-abiding Americans deserve to know that their government will not secretly tap their phones, read their medical records, access their library accounts or otherwise invade their personal lives, with no oversight or accountability. Law-abiding Americans also deserve to know that when law enforcement can show an impartial judge clear evidence of criminal activity or a threat to national security, swift and decisive action will be taken to protect the public. That is the balance we must achieve.
People must be confident that a judge's decisions are determined by the law and only the law. He must be faithful to the Constitution and statutes passed by Congress. Fidelity to the Constitution and the law has been the cornerstone of my life and the hallmark of the kind of judge I have tried to be.
A reasonable fine is such as the law will judge to be so . . . but what a reasonable fine is, and who shall be the judge of it, the law has established no rule.
It's never appropriate for a judge to impose that judge's personal convictions - whether they derive from faith or anywhere else - on the law.
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.
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