John Jay Quote - Liberty Quotes Blog

"The Jury has a right to judge both the law as well as the fact in controversy."

by:	John Jay (1745-1829) first Chief Justice of the Supreme Court, First President of the United States - preceding George Washington, one of three men most responsible for the US Constitution
Date:	1789
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Categories:	Jury, Justice, Law
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Reader comments about this quote:

This was once upon a time a noble and correct application in a land far, far away. Alas, the law is dead in the statist theocracy infesting this land, long live the law ! ! ! -- Mike, Norwalk
-- Anonymous, Reston, VA, US
-- dick, fort worth
This is argueably the most noble and important right of a free society. A jury of peers must speak for the People. In speaking for the People, they must decide if the accused is guilty or not guilty and if the law is oppressive or justified. If the jury is powerless in either of these points, the People have no voice in judgement and liberty does not exist. -- Publius
I wonder when any Judge has instructed the jury that they actually have the power to do this? -- Rusty, Where the buffalo roam, USA
You'll never hear this from a judge. -- jim k, Austin,tx
The law is the people -- RBESRQ
This is what justice is all about and is the final check on bad laws -- Richard Gruetter, Powder Springs
While a jury is unlikely to ever hear this from a judge in court, this is still a well known fact. Rusty, you will happy to know that a NYC judge recently dismissed charges against 80-year-old Julian Heicklen for distributing pamphlets from the Fully Informed Jury Association in front of a federal courthouse in Manhattan. U.S. District Judge Kimba Wood dismissed jury-tampering charges brought by the FBI in a 'sting' operation saying, "Heicklen advocates passionately for the right of jurors to determine the law as well as the facts. The pamphlets state that a juror has not just the responsibility to determine the facts of a case before her on the basis of the evidence presented, but also the power to determine the law according to her conscience." The judge said Heicklen correctly understood his legal rights. See: http://www.courthousenews.com/2012/04/23/45865.htm -- E Archer, NYC

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