Wednesday, February 1, 2012

Liberty Quotes



The drafters of the Constitution clearly intended [the right of trial by jury] to protect the accused from oppression by the Government. Singer v. United States, 380 U.S. 24, 31, 85 S. Ct. 783, 788, 13 L. Ed. 2d 630 (1965). ... Part of this protection is embodied in the concept of jury nullification: “In criminal cases, a jury is entitled to acquit the defendant because it has no sympathy for the government’s position.” United States v. Wilson, 629 F.2d 439, 443 (6th Cir. 1980). The Founding Fathers knew that, absent jury nullification, judicial tyranny not only was a possibility, but was a reality in the colonial experience. Although we may view ourselves as living in more civilized times, there is obviously no reason to believe the need for this protection has been eliminated. Judicial and prosecutorial excesses still occur, and Congress is not yet an infallible body incapable of making tyrannical laws. -- Judge Thomas Wiseman Source: U.S. v. Datcher, 830 F. Supp. 411, 413 (M.D. Tenn., 1993) case dismissed Sept. 1, 1994, 6th Cir. Ct. Of Appeals, Case No. 3:92-00054 certiorari denied U.S. Supreme Court Case No. 94-8767, May 15, 1995.
http://quotes.liberty-tree.ca/quote_blog/Thomas.Wiseman.Quote.BE4E

"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." -- Lieutenant Commander Robert E. Korroch Source: Lieutenant Commander Robert E. Korroch and Major Michael J. Davidson, (LTC Korroch serves with the U.S. Coast Guard; B.S., U.S. Coast Guard Academy (1981); J.D., Marshall-Wythe School of Law, College of William and Mary 1988) (Maj. Davidson serves with the U.S. Army Judge Advocate General Corps, Litigation Division), in Jury Nullification: A Call for Justice or an Invitation to Anarchy?, 139 MIL. L. REV. 131 (1993).
http://quotes.liberty-tree.ca/quote_blog/Robert.E..Korroch.Quote.9748

"It may not be amiss, here, Gentleman, 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 upon yourselves to judge of both, and to determine the law as well as the fact in controversy. ... 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." -- U.S. Supreme Court Source: Georgia v. Brailsford, 3 U.S. 1, 4 (1794)
http://quotes.liberty-tree.ca/quote_blog/U.S..Supreme.Court.Quote.8BA9

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