On the record
They are to have the assistance and advice of the judges, so far as they desire them; but the judgment itself must be theirs, and not the judgment of the court.
Said by
Lysander Spooner
Source
gutenberg.orgLysander Spooner: “They are to have the assistance and advice of the judges, so far as they desire them; but the judgment itself must be…”
Editor's note · Context
Spooner asserts that while judges can advise, the ultimate judgment must come from the jury, preserving their autonomy.
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All those who are not forbidden by law may be judges (jurors).
And the right is practically established only when and because the government, no longer exists to call it in question.
They were even allowed to grant pardon to criminals, and to correct by their clemency the rigors of justice.
The people are no more arrayed against themselves, when a jury puts its veto upon a statute, which the other tribunals have sanctioned, than they are when the same veto is exercised by the representatives, the senate, the executive, or the…