On the record
It is manifest, therefore, that the jury must judge of and try the whole case, and every part and parcel of the case, free of any dictation or authority on the part of the government.
Said by
Lysander Spooner
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gutenberg.orgIt is manifest, therefore, that the jury must judge of and try the whole case, and every part and parcel of the case, free of any dictation or authority on the part of the government.
Spooner argues that juries must have complete autonomy to judge cases without government interference.
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More from Lysander Spooner
It was a principle of the Common Law, as it is of the law of nature, and of common sense, that no man can be taxed without his personal consent.
Proud from victory, and with their swords in their hands, would they surrender their liberties to a private man?
That the legislation of the king was of no authority over a jury, is further proved by the oath taken by the kings at their coronation.
One answer is, that this power, which juries have of judging of the law, is not a power of absolute decision in all cases.