“I have been reminded that I sit here as counsel for the defendant. I certainly do so, so far as to interpose between him and the counsel for the prosecution, and to see that no improper use of the law is made against him, and that no improper evidence is given to the jury: but the Judge has another task to perform, which is that of assisting the jury in the administration of justice.”

— Lloyd Kenyon, 1st Baron Kenyon

Wakefield's Case (1799), 27 How. St. Tr. 736.

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Lloyd Kenyon, 1st Baron Kenyon 92

British Baron 1732–1802

Katherine Anne Porter (1890–1980) American journalist, essayist, short story writer, novelist, and political activist

The Never-Ending Wrong (1977)
Context: The trial of Jesus of Nazareth, the trial and rehabilitation of Joan of Arc, any one of the witchcraft trials in Salem during 1691, the Moscow trials of 1937 during which Stalin destroyed all of the founders of the 1924 Soviet Revolution, the Sacco-Vanzetti trial of 1920 through 1927 — there are many trials such as these in which the victim was already condemned to death before the trial took place, and it took place only to cover up the real meaning: the accused was to be put to death. These are trials in which the judge, the counsel, the jury, and the witnesses are the criminals, not the accused. For any believer in capital punishment, the fear of an honest mistake on the part of all concerned is cited as the main argument against the final terrible decision to carry out the death sentence. There is the frightful possibility in all such trials as these that the judgment has already been pronounced and the trial is just a mask for murder.

“If I were master of eloquence I would not make the decision of this cause a stage upon which I would display that eloquence. Those things which are very proper for advocates to do, become very improper for the Judge, who has nothing to do, but to state to the jury the short grounds upon which the cause ought to proceed.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

Eaton's Case (1793)

“I disagreed with the grand jury on [Tawana] Brawley. I believed there was enough evidence to go to trial. The grand jury said there wasn’t. OK, fine. Do I have a right to disagree with the grand jury? Many Americans believe O. J. Simpson was guilty. A jury said he wasn’t. So I have as much right to question a jury as they do. Does it make somebody a racist? No! They just disagreed with the jury. So did I.”

Al Sharpton (1954) American Baptist minister, civil rights activist, and television/radio talk show host

Interview by David Shankbone (3 December 2007).[citation needed]

“You have a right to discourse with your counsel, but you must do it in such a manner as the jury may not hear.”

John Pratt (1657–1725) English judge and politician

16 How. St. Tr. 177.
Layer's Case (1722)

“You all very well know what deference I always pay, and ever will, to that part of the office of a jury which properly belongs to them. In regard to the law, I have always been as tenacious of the proper function of a Judge, as I have been of that of the jury. I never will, while I have the honour of executing the office of a Judge, attempt to controul or influence their minds in respect of damages; but only submit to them such observations as occur to me upon the evidence.”

John Eardley Wilmot (1709–1792) English judge

Wilkes v. Lord Halifax (1763), 19 How. St. Tr. 1410.

“Jack Bauer saved Los Angeles. He saved hundreds of thousands of lives, are you going to convict Jack Bauer? Say that criminal law is against him? 'You have the right to a jury trial?' Is any jury going to convict Jack Bauer? I don't think so.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

Citing the television program 24 to support torture. Last Week Tonight http://www.thedailybeast.com/articles/2015/06/15/john-oliver-and-helen-mirren-take-the-u-s-and-24-s-jack-bauer-to-task-over-torture.html
2000s

“In a criminal proceeding the question is not alone whether substantial justice has been done, but whether justice has been done according to law. All proceedings in poenam are, it need scarcely be observed, strictissimi juris; nor should it be forgotten that the formalities of law, though here and there they may lead to the escape of an offender, are intended on the whole to insure the safe administration of justice and the protection of innocence, and must be observed. A party accused has the right to insist on them as matter of right, of which he cannot be deprived against his will; and the Judge must see that they are followed.”

Sir Alexander Cockburn, 12th Baronet (1802–1880) Lord Chief Justice

Martin v. Mackonochie (1878), L. R. 3 Q. B. 775.

“If there has been any crime, it must be prosecuted. If there has been any property of the United States illegally transferred or leased, it must be recovered…. I propose to employ special counsel of high rank drawn from both political parties to bring such actions for the enforcement of the law. Counsel will be instructed to prosecute these cases in the courts so that if there is any guilt it will be punished; if there is any civil liability it will be enforced; if there is any fraud it will be revealed; and if there are any contracts which are illegal they will be canceled. Every law will be enforced. And every right of the people and the Government will be protected.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

Calvin Coolidge, statement on the Teapot Dome scandal, The New York Times (January 27, 1924), p. 1. Quoted by Senator Edward Martin, address to the Mifflin County Republican Committee, Lewistown, Pennsylvania (January 25, 1952), Congressional Record (January 28, 1952), vol. 98, Appendix, p. A400.
1920s

“I was married by a judge. I should have asked for a jury.”

Groucho Marx (1890–1977) American comedian

“It is the duty of the Judge in criminal trials to take care that the verdict of the jury is not founded upon any evidence except that which the law allows.”

John Coleridge, 1st Baron Coleridge (1820–1894) British lawyer, judge and Liberal politician

Reg. v. Gibson (1887), 18 Q. B. D. 537; 16 Cox, C. C. 181.

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