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Judiciary Quotes
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Jury Quotes
	John Adams	Therefore, the jury have the power of deciding an issue upon a general verdict. And, if they have, is it not an absurdity to suppose that the law would oblige them to find a verdict according to the direction of the court, against their own opinion, judgment, and conscience? ... [I]s a juror to give his verdict generally, according to [the judge’s] direction, or even to find the fact specially, and submit the law to the court? Every man, of any feeling or conscience, will answer, no. It is not only his right, but his duty, in that case, to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.
	Samuel Adams	And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press,  or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers or possessions.
	Chief Judge David L. Bazelon	My own view rests on the premise that nullification can and should serve an important function in the criminal process ... The doctrine permits the jury to bear on the criminal process a sense of fairness and particularized justice ... The drafters of legal rules cannot anticipate and take account of every case where a defendant’s conduct is “unlawful” but not blameworthy, any more than they can draw a bold line to mark the boundary between an accident and negligence. It is the jury -- as spokesmen for the community’s sense of values -- that must explore that subtle and elusive boundary. ... I do not see any reason to assume that jurors will make rampantly abusive use of their power. Trust in the jury is, after all, one of the cornerstones of our entire criminal jurisprudence, and if that trust is without foundation we must reexamine a great deal more than just the nullification doctrine.
	David L. Bazelon	Nullification is not a "defense" recognized by law, but rather a mechanism that permits a jury, as community conscience, to disregard the strict requirements of law where it finds that those requirements cannot justly be applied in a particular case.
	Justice Hugo L. Black	The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges’ views of fairness, reasonableness, or justice.
	Justice Louis D. Brandeis	Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burned women. It is the function of speech to free men from the bondage of irrational fears.
	Justice Louis D. Brandeis	Ways may someday be developed by which the government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home.
	Edward Bushell	My liberty is not for sale.
	Edmond Cahn	“Due process,” a standard that arose in our system of law and stemmed from the desire to provide rational procedure and fair play, is equally indispensable in every other kind of social or political enterprise.
	William J. Campbell	Today the grand jury is the total captive of the prosecutor who, if he is candid, will concede that he can indict anybody, at any time, for almost anything, before any grand jury.
	Albert Camus	How many crimes are permitted simply because their authors could not endure being wrong.
	Jimmy Carter	The law is not the private property of lawyers, nor is justice the exclusive province of judges and juries. In the final analysis, true justice is not a matter of courts and law books, but of a commitment in each of us to liberty and mutual respect.
	Samuel Chase	The jury has the right to determine both the law and the facts.
	Samuel Chase	The jury has the right to determine both the law and the facts.
	Sir Winston Churchill	The power of the Executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious and is the foundation of all totalitarian government whether Nazi or Communist.
	Winston Churchill	We must never cease to proclaim in fearless tones the great principles of freedom and the rights of man which are the joint inheritance of the English-speaking world and which through Magna Carta, the Bill of Rights, the Habeas Corpus, Trial by Jury, and the English common law, find their most famous expression in the American Declaration of Independence.
	Winston Churchill	The power of the executive to cast a man into prison without formulating any charges known to the law, and particularly to deny him judgment by his peers for an indefinite period, is in the highest degree odious, and is the foundation of all totalitarian governments...Nothing can be more abhorrent to democracy than to imprison a person or keep him in prison because he is unpopular. This is really the test of civilisation.
	Bill Clinton	It depends on what the meaning of the word 'is' is.
	Bill Clinton	It depends on what the meaning of the word is. If the– if he– if "is" means is and never has been, that is not– that is one thing. If it means there is none, that was a completely true statement.... Now, if someone had asked me on that day, are you having any kind of sexual relations with Ms. Lewinsky, that is, asked me a question in the present tense, I would have said no. And it would have been completely true.
	Anthony Collins	By freethinking I mean the use of the understanding in endeavoring to find out the meaning of any proposition whatsoever, in considering the nature of the evidence for or against, and in judging of it according to the seeming force or weakness of the evidence.
	Indiana Constitution	In all criminal cases whatsoever, the jury shall have the right to determine the law and the facts.
	Constitution of the United States	No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any Criminal Case to be a witness against himself, not be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use, without just compensation.
	U.S. Constitution	No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
	M. Kristine Creagan	The impact of Zenger [the trial of John Zenger] on the American colonies was dramatic. Every jurisdiction which confronted the issue of the jury’s right to decide the law as well as the facts reached the same conclusion: American juries had the right to decide the law.
	M. Kristine Creagan	Jury nullification is a doctrine based on the concept that “jurors have the inherent right to set aside the instructions of the judge and to reach a verdict of acquittal based upon their own consciences, and the defendant has the right to be so instructed.” Though jury nullification may seem like a shocking proposal today, it is by no means a new idea. In fact, jury nullification was first espoused nearly three and one half centuries ago.
	Sir Patrick Devlin	The object of any tyrant would be to overthrow or diminish trial by jury, for it is the lamp that shows that freedom lives.
	Finley Peter Dunne	An appeal is when you ask one court to show its contempt for another court.
	Phillip Finch	A criminal trial is not a search for truth. It is much too circumscribed for that. Rather, a trial is a formalized contest for the hearts and minds of a panel of twelve. It is a quest for a verdict in which information is selected and screened (we can almost say “processed”) before it is allowed to reach jurors.
	Sir John Fortescue	I should, indeed, prefer twenty men to escape death through mercy, than one innocent to be condemned unjustly.
	Jay Fox	Every attempt to gag the free expression of thought is an unsocial act against society. That is why judges and juries who try to enforce such laws make themselves ridiculous.
	Felix Frankfurter	Ours is an accusatorial and not an inquisitorial system – a system in which the state must establish guilt by evidence independently and freely secured and may not by coercion prove its charge against an accused out of his own mouth.
	Kane & Miller Friedenthal	The right of juries to decide questions of law was widely accepted in the colonies, especially in criminal cases. Prior to 1850, the judge and jury were viewed as partners in many jurisdictions. The jury could decide questions of both law and fact, and the judge helped guide the decision-making process by comments on the witnesses and the evidence. Legal theory and political philosophy emphasized the importance of the Jury in divining natural law, which was thought to be a better source for decision than the “authority of black letter maxim.” Since natural law was accessible to lay people, it was held to be the duty of each juror to determine for himself whether a particular rule of law embodied the principles of the higher natural law. Indeed, it was argued that the United States Constitution embodied a codification of natural rights so that “the reliance by the jury on a higher law was usually viewed as a constitutional judgment.”
	Robert Frost	A jury consists of twelve persons chosen to decide who has the better lawyer.
	Rick Gaber	I do encourage you to question authority, apply logic, and think for yourself. Look at the forest, not the trees. And the centuries, not the months. Or you might risk being lead willingly, as a sheep, to the slaughter.
	Georgia Code	[T]he jury shall be the judges of the law and the facts in the trial of all criminal cases and shall give a general verdict of “guilty,” or “not guilty.”
	Georgia Supreme Court	[That] the Jury may determine the law and the fact of the case, has been supported by every English judge, except Chief Justice Jeffries .... And to their credit be it spoken that the Juries have always been right on fundamental questions of liberty and popular right.
	Georgia Supreme Court	[T]he Jury have not only the power, but the right, to pass upon the law as well as the facts...
	Georgia, Declaration of Rights	The jury in all criminal cases, shall be the judges of the law and the facts.
	Justice William C. Goodle	Jury Nullification encourages participation in the judicial process, which in turn furthers the legitimization of the legal system. Jury Nullification also serves to inject community values and standards into the administration of our laws. Ordinary citizens are given the chance to infuse community values into the judicial process in the interests of fairness and justice and at the same time provide a signal to lawmakers that they have drifted too far from the Democratic will... History is replete with examples that Jury Nullification serves as a corrective “veto” power of the people over both legislative and judicial rigidity and tyranny.
	Paul Grant	Voir dire was supposed to guarantee the defendant a fair and neutral jury, but instead they’re using it to “clean up” the juries (and get rid of) those opposed to the court’s policies. They don’t want an independent jury. They believe it’s their jury. ... [T]he way they’re using voir dire now, starts jurors thinking, “Is there anything that would make me hesitate to convict?”
	Alexander Hamilton	It is far more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
	Andrew Hamilton	Jurors should acquit, even against the judge’s instruction ... if exercising their judgment with discretion and honesty they have a clear conviction that the charge of the court is wrong.
	Andrew Hamilton	I know, may it please your honour, the jury may do so; but I do likewise know they may do otherwise. I know they have the right, beyond all dispute, to determine both the law and the fact; and where they do not doubt the law, they ought to do so. This of leaving it to the judgment of the Court whether the words are libelous or not in effect renders juries useless (to say no worse) in many cases.
	Patrick Henry	Why do we love this trial by jury? Because it prevents the hand of oppression from cutting you off ... This gives me comfort—that, as long as I have existence, my neighbors will protect me.
	Justice Oliver Wendell Holmes, Jr.	The jury has the power to bring a verdict in the teeth of both law and fact.
	Justice Oliver Wendell Holmes, Jr.	The jury has the power to bring a verdict in the teeth of both law and fact.
	John Jay	The jury has the right to judge both the law as well as the fact in controversy.
	John Jay	The Jury has a right to judge both the law as well as the fact in controversy.
	Thomas Jefferson	I will now tell you what I do not like. First, the omission of a bill of rights, providing clearly, and without the aid of sophism, for freedom of religion, freedom of the press, protection against standing armies, restriction of monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land, and not by the laws of nations. ... Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inference.
	Thomas Jefferson	Our legislators are not sufficiently apprized of the rightful limits of their power; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him; every man is under the natural duty of contributing to the necessities of the society; and this is all the laws should enforce on him; and, no man having a natural right to be the judge between himself and another, it is his natural duty to submit to the umpirage of an impartial third. When the laws have declared and enforced all this, they have fulfilled their functions, and the idea is quite unfounded, that on entering into society we give up any natural right.
	Thomas Jefferson	It is left, therefore, to the juries, if they think the permanent judges are under any bias whatever in any cause, to take on themselves to judge the law as well as the fact. They never exercise this power but when they suspect partiality in the judges, and by the exercise of this power they have been the firmest bulwarks of English liberty.
	Thomas Jefferson	With respect to the new Government, nine or ten States will probably have accepted by the end of this month. The others may oppose it. Virginia, I think, will be of this number. Besides other objections of less moment, she [Virginia] will insist on annexing a bill of rights to the new Constitution, i.e. a bill wherein the Government shall declare that, 1. Religion shall be free; 2. Printing presses free; 3. Trials by jury preserved in all cases; 4. No monopolies in commerce; 5. No standing army. Upon receiving this bill of rights, she will probably depart from her other objections; and this bill is so much to the interest of all the States, that I presume they will offer it, and thus our Constitution be amended, and our Union closed by the end of the present year.
	Thomas Jefferson	The legitimate powers of government extend to such acts as are only injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no God. It neither picks my pocket nor breaks my leg.
	Thomas Jefferson	Why suspend the habeas corpus in insurrections and rebellions? Examine the history of England. See how few of the cases of the suspension of the habeas corpus law have been worthy of that suspension. They have been either real treasons, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual and the minds of the nation almost prepared to live under its constant suspension.
	Thomas Jefferson	I consider trial by jury as the only anchor yet devised by man, by which a government can be held to the principles of its constitution.
	Thomas Jefferson	It had become an universal and almost uncontroverted position in the several States, that the purposes of society do not require a surrender of all our rights to our ordinary governors; that there are certain portions of right not necessary to enable them to carry on an effective government, and which experience has nevertheless proved they will be constantly encroaching on, if submitted to them; that there are also certain fences which experience has proved peculiarly efficacious against wrong, and rarely obstructive of right, which yet the governing powers have ever shown a disposition to weaken and remove. Of the first kind, for instance, is freedom of religion; of the second, trial by jury, habeas corpus laws, free presses.
	Thomas Jefferson	By a declaration of rights, I mean one which shall stipulate freedom of religion, freedom of the press, freedom of commerce against monopolies, trial by juries in all cases, no suspensions of the habeas corpus, no standing armies. These are fetters against doing evil which no honest government should decline.
	Robert E. Korroch	The failure to instruct jurors on their power to nullify also raises constitutional concerns. The right to a jury actually exists as part of a constitutional framework designed to protect defendants from potential government abuse. The Sixth Amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a ... public trial by an impartial jury. ...” The Sixth Amendment right to a jury trial is “fundamental to the American scheme of justice,’ acting as a safeguard against the government. This constitutional safeguard is achieved through the “participation of the community in determinations of guilt and by the application of the common sense of laymen who, as jurors, consider the case.”
	Lieutenant Commander Robert E. Korroch	The jury possesses a general veto power and may acquit when it has no sympathy for the Government’s case, no matter how overwhelming the evidence of guilt. A jury acquittal is final and unreviewable; a judge may not direct a jury to convict or vacate an acquittal, nor may a prosecutor appeal an acquittal on grounds of judicial error or erroneous jury determination.
	Robert M. Lafollette, Sr.	Let no man think we can deny civil liberty to others and retain it for ourselves. When zealous agents of the Government arrest suspected “radicals” without warrant, hold them without prompt trial, deny them access to counsel and admission of bail....we have shorn the Bill of Rights of its sanctity...
	Abraham Lincoln	I will say then that I am not, nor ever have been in favor of bringing about in anyway the social and political equality of the white and black races - that I am not nor ever have been in favor of making voters or jurors of negroes, nor of qualifying them to hold office, nor to intermarry with white people; and I will say in addition to this that there is a physical difference between the white and black races which I believe will forever forbid the two races living together on terms of social and political equality. And inasmuch as they cannot so live, while they do remain together there must be the position of superior and inferior, and I as much as any other man am in favor of having the superior position assigned to the white race. I say upon this occasion I do not perceive that because the white man is to have the superior position the negro should be denied everything.
	Jonathan Mayhew	To say that subjects in general are not proper judges (of the law) when their governors oppress them and play the tyrant, and when they defend their rights ...is as great a treason as ever a man uttered... (more)
	H. L. Mencken	The penalty for laughing in a courtroom is six months in jail; if it were not for this penalty, the jury would never hear the evidence.
	John Stuart Mill	Protection, therefore, against the tyranny of the magistrate is not enough; there needs protection against the tyranny of the prevailing opinion and feeling, against the tendency of society to impose, by other means than civil penalties, its own ideas and practices as rules of conduct on those who dissent from them.
	James Monroe	Of the liberty of conscience in matters of religious faith, of speech and of the press; of the trial by jury of the vicinage in civil and criminal cases; of the benefit of the writ of habeas corpus; of the right to keep and bear arms.... If these rights are well defined, and secured against encroachment, it is impossible that government should ever degenerate into tyranny.
	Oregon Constitution	In all criminal cases whatever, the jury shall have the right to determine the law, and the facts under the direction of the Court as to the law, and the right of new trials as in civil cases.
	Justice Theophilus Parsons	If a juror accepts as the law that which the judge states, then the juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen's safeguard of liberty.
	Justice Theophilus Parsons	If a juror accepts as the law that which the judge states, then the juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen's safeguard of liberty.
	Theophilus Parsons	But, sir, the people themselves have it in their power effectually to resist usurpation, without being driven to an appeal of arms. An act of usurpation is not obligatory; it is not law; and any man may be justified in his resistance. Let him be considered as a criminal by the general government, yet only his fellow-citizens can convict him; they are his jury, and if they pronounce him innocent, not all the powers of Congress can hurt him; and innocent they certainly will pronounce him, if the supposed law he resisted was an act of usurpation.
	Daniel Pilla	Congress has doubled the IRS budget over the past 10 years -- making that agency one of the fastest growing non-entitlement programs. It has increased its employment by 20 percent. The IRS’s powers to investigate and examine taxpayers transcend those of any other law enforcement agency. Virtually all of the constitutional rights regarding search and seizure, due process, and jury trial simply do not apply to the IRS.
	Anne Bowen Poulin	It is clear in our criminal justice system that the jury has the power to nullify -- that is, the power to acquit or to convict on reduced charges despite overwhelming evidence against the defendant. ... In a criminal trial, the court cannot direct a verdict of guilty, no matter how strong the evidence. In addition, if the jury acquits, double jeopardy bars the prosecution from appealing the verdict or seeking retrial. Similarly, if the jury convicts the defendant of a less serious offense than the one charged, the prosecution cannot again try the defendant on the more serious charge. This result occurs regardless of whether the jury consciously rejects the law, embraces a merciful attitude, or is simply confused concerning the law or facts. Thus, nullification -- with or without authority, intended or not -- is part of our system.
	Anne Bowen Poulin	The power of nullification plays an important role in the criminal justice system. ... Because an accused criminal is restricted in the defenses he or she can raise, the law recognizes only certain defenses and justification, and correspondingly, limited evidence. The jury’s power to nullify provides an accommodation between the rigidity of the law and the need to hear and respond to positions that do not fit legal pigeonholes, such as claims of spousal abuse before the battered-spouse syndrome received acceptance. Jury nullification permits the jury to respond to a position that does not have the status of a legally recognized defense. The power to nullify guarantees that the jury is free to speak as the conscience of the community.