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By Bill Thornton "...there can be no doubt that
the jury has an `unreviewable and unreversible power...to acquit in
disregard of the instructions on the law given by the trial judge....'"
U.S. v Dougherty, 473 F.2d 1113, 1139 (1972).
Other info related to Dougherty case: 16 Am Jur 2d, Sec. 177.
"In criminal cases juries remained the judges of both law and fact
for approximately fifty years after the Revolution. However, the judges
in America, just as in England after the Revolution of 1688, gradually
asserted themselves increasingly through their instructions on the law.
"We recognize, as appellants urge, the undisputed power of the jury to
acquit, even if its verdict is contrary to the law as given by the judge
and contrary to the evidence."
U.S. v Moylan, 417 F.2d 1002,1006 (1969)
"It may not be amiss...to remind you of the good old rule, that on
the question of fact, it is the province of the jury, and on the
question of law, it is the province of the court to decide. But, it must
be observed that by law...you have nevertheless a right to take it upon
yourselves to judge both, in controversy...both objects are lawfully
within your power of decision." Justice John Jay to the jury, Georgia v.
Brailsford, 3 Dall. 1, 4 (1794), 1 L.Ed. 483. "...for as, on the one
hand, it is presumed that juries are the best judges of facts; it is, on
the other hand, presumable, that the court are the best judges of law.
But still, both objects are lawfully within your power of decision."
Sparf v. United States, 156 U.S. 51 (1895) http://laws.findlaw.com/us/156/51.html
'It may not be amiss here, gentlemen, to remind you of the good old rule
that on questions of fact it is the province of the jury, on questions
of law it is the province of the court, to decide. But it must be
observed that, by the same law which recognizes this reasonable
distribution of jurisdiction, you have, nevertheless, a right to take
[156 U.S. 51, 65] upon yourselves to judge of both, and to determine the
law as well as the fact in controversy.
...the jury has "...the power to bring in a verdict in the teeth of
both law and facts."
Oliver Wendell Holmes, Horning v D.C., 254 U.S. 135, 138, 41 S.Ct. 53,
54, 65 L.Ed. 185 (1920)
"...no fact tried by a jury shall be otherwise reexamined in any
court of the United States, than according to the rules of the common
law." U.S. Constitution, 7th Amendment. Only another common law jury can
review a decision of a jury. There is no other appeal. Not even the
Supreme Court can review a jury's decision.
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[See also:] U.S. v. Moylan, 417 F.2d 1002 (1969) |