Kane & Miller Friedenthal Quote

"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.” "

by:	Kane & Miller Friedenthal
Source:	Civil Procedure, p 476-77, chapter 11, Jury Trial; 2 The Judge Jury Relationship (West Publishing Company 1985).
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Categories:	Jury, Law, Nature
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The jury is the final say so in criminal cases as to law and fact. This needs to be pointed out to jurors but no judge will ever do it.  -- jim k, Austin, Tx
Ministration of the spirit. Divining natural law. For the letter killeth , but the spirit giveth life. Reliance on a higher law, ( God ) to guide the lay people, unlearned, to pass judgment.  -- watchman 13, USA
Wow. Very well said. I like: "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." This is the fundamental American principle. Right, Mike/Norwalk? ;-)  -- E Archer, NYC

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