..listen to what the state of California allows its judges to say while instructing the jury:
"It becomes my duty as judge to instruct you concerning the law applicable to this case, and it is your duty as jurors to follow the law as I state it to you. . . . You are to be governed solely by the evidence introduced in this trial and the law as stated to you by me."
Note the arrogance. You must not only follow the law. You must follow it "as I state it to you." The idea of a reasonable man rising up to say, "But I've read the law and I don't think that's what it means," is beyond the pale of the judge's understanding of his duty.
In 1670 William Penn was indicted for preaching Quakerism under the "unlawful assembly" act. Despite the fact that he was obviously guilty according to the judge's interpretation of the law, four of the 12 jurors voted to acquit him. The judge had the jurors thrown in jail and starved for four days in an attempt to change their votes. It didn't work. Reluctantly, he ordered Penn released -- but the crown still wasn't finished with the recalcitrant jurors.
The four who voted for innocence were assessed fines for failing to follow the law and sent to prison until the fines should be paid. Three chose to pay the fine -- just to get things over with. The fourth juror, Edward Bushell, was of heartier stock and refused to pay. Instead he took his case to the Court of Common Pleas, where Chief Justice Vaughan eventually ruled that Bushell was right -- jurors could not be punished for a verdict. If anything established that the jury was the sole arbiter of law AND facts, it was this case.
Link Posted by Tim at March 11, 2008 10:32 PM | TrackBack