On the record
They have no rule to go by but their passions and wishes." 8 Term Rep., 428, note.
Said by
Lysander Spooner
Source
gutenberg.orgThey have no rule to go by but their passions and wishes." 8 Term Rep., 428, note.
Spooner critiques the reliance of juries on their emotions rather than legal standards.
Share
More from Lysander Spooner
But there is no reason why a judge should have the power of punishing, for contempt, any more than for any other offence.
All other laws, it is optional with each man to obey, or not, as he may choose.
In that case the trial is really a trial by the government, and not by the jury.
It is also sheer impudence, on their part, to assume that their commands are at all necessary to teach other men what is, and what is not, justice.