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Politics : Libertarian Discussion Forum -- Ignore unavailable to you. Want to Upgrade?

To: JG who wrote (3014)	6/13/1999 1:16:00 PM
From: Mama Bear	Read Replies (1) \| Respond to of 13056

"The existence of an unreviewable and unreversible power in the jury, to acquit in disregard of the instructions on the law given by the trial judge, has for many years co-existed with legal practice and precedent upholding instructions to the jury that they are required to follow the instructions of the court on all matters of law. There were different soundings in colonial days and the early days of our Republic. We are aware of the number and variety of expressions at that time from respected sources -- John Adams; Alexander Hamilton; prominent judges -- that jurors had a duty to find a verdict according to their own conscience, though in opposition to the direction of the court; that their power signified a right; that they were judges both of law and of fact in a criminal case, and not bound by the opinion of the court." [U.S. Appellate Court in U.S. v. Dougherty, 473 F.2d 1113, Pg.1132 (1972)]. Barb