A Quote by Winston Churchill
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.
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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.
I think the American justice system has a lot more issues than the European justice system, especially the Scottish justice system. We have a really nice mix of European codified law and the traditional English system of common law, which is what the American system is based on.
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.
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.
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.
You get another person who operates only in an African language and there are many persons who operate only in African languages; he or she is excluded from all the goodies that come with English. And even in terms of justice, law codes, the legal system. A person who does not know English in Africa is excluded from that system because he can only operate through acts of translation.
To exclude all jurors who would be in the slightest way effected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.
To exclude all jurors who would be in the slightest way affected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.
In our system, grand juries take every charge, every lie, and they try to sort the truth from the lies, and then they move forward into the system. And that's how the system ought to work. We should respect the secrecy of the grand jury so they can sort through what's true and what's not. And someone is leaking, and if they are leaking from the grand jury investigation, then that's a violation of the law.
The 5th Amendment guarantees that defendants can't face 'double jeopardy,' which means the government can't prosecute a person a second time for the same crime if the jury returns a verdict. Only if the jury doesn't reach a decision can prosecutors elect to retry the case.
But ignorance of the law is no excuse. A person is guilty even if he breaks the law unknowingly. I shall be perhaps the first of the defendants to get up on that stand and admit that I am at least partly guilty.
Under international law, defendants convicted in absentia have the right to a retrial, unless the prosecutors for the authorities who do finally capture them can show that the defendants knew they were under indictment.
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.
And I take this opportunity to declare, that... I will to my dying day oppose with all the powers and faculties God has given me, all such instruments of slavery on the one hand, and villainy on the other, as this writ of assistance is. It appears to me the worst instrument of arbitrary power, - the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book.
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.
Justice requires lawyers who are prepared, witnesses who tell the truth, judges who know the law, and jurors who stay awake. Justice is the North Star, the burning bush, the holy virgin. It cannot be bought, sold, or mass produced. It is intangible, ineffable, and invisible, but if you are to spend your life in its pursuit, it is best to believe it exists, and that you can attain it.
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