Friday, March 10, 2006

BEST WISHES FOR SCOTT JENSEN AND GOOD JUDGMENT FOR THE JURY


And the American public was able to make up their own mind whether this verdict was a just verdict or not. So I think there's a lot of value in the public being able to see how the system works or doesn't work, so I think there's a definite value there.
Lance Ito

It's not fair that the accused is not protected from adverse publicity whilst the accuser is guaranteed anonymity, whatever the verdict.
Jonathan King

It's not only ....(the juror's) right, but his duty, in that case, to find the verdict according to his own best understanding, judgement, and conscience, though in direct opposition to the direction of the court.
JOHN ADAMS

Jurors should acquit even against the judge's instruction...."if exercising their judgement with discretion and honesty they have a clear conviction that the charge of the court is wrong."
ALEXANDER HAMILTON

The purpose of a jury is to guard against the exercise of arbitrary power--to make available the common sense judgement of the community as a hedge against the overzealous or mistaken prosecutor and in preference to the professional or perhaps over conditioned or biased response of a judge.
BYRON WHITE
"Those who wrote our constitutions knew from history and experience that it was necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority."
BYRON WHITE

"...it is presumed, that the juries are the best judges of facts; it is, on the other hand, presumed that the courts are the best judges of law. But still, both objects are within your power of decision. You have a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy."
U.S. SUPREME COURT (State of Georgia v. Brailsford, 3 DALL. 1,4):

"That in criminal cases, nevertheless, the court are the constitutional advisors of the jury in matter of law; who may compromise their conscience by lightly or rashly disregarding that advice, but may still more compromise their consciences by following it, if exercising their judgments with discretion and honesty they have a clear conviction that the charge of the court is wrong."
ALEXANDER HAMILTON

'Tis one thing to be tempted, Escalus, Another thing to fall. I not deny, The jury, passing on the prisoner's life, May in the sworn twelve have a thief or two Guiltier than him they try.
WILLIAM SHAKESPEARE (Measure for Measure, 17)

Comments:
I was thinking we could have a referendum.
 
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