“It is part of the established tradition in the use of juries as instruments of public justice that the jury be a body truly representative of the community. For racial discrimination to result in the exclusion from Jury service of otherwise qualified groups not only violates our Constitution and the laws enacted under it, but is at war with our basic concepts of a democratic society and a representative government. We must consider this record in the light of these important principles. The fact that the written words of a state's laws hold out a promise that no such discrimination will be practiced is not enough. The Fourteenth Amendment requires that equal protection to all must be given — not merely promised.”
Writing for the court, Smith v. Texas, 33 U.S. 129 (1940).
Help us to complete the source, original and additional information
Hugo Black 26
U.S. Supreme Court justice 1886–1971Related quotes
Lee v. Jones (1864), 17 C. B. (N. S.) 506.
Geological Sketches (1870), ch. 9, p. 234 https://babel.hathitrust.org/cgi/pt?id=hvd.32044018968388;view=1up;seq=252
“It is certainly a rule that the jury must find facts, and not merely evidence of facts.”
Newling v. Francis (1789), 3 T. R. 198.
“A court is only as sound as its jury, and a jury is only as sound as the men who make it up.”
Pt. 2, ch. 20
Atticus Finch
To Kill a Mockingbird (1962)
Context: I’m no idealist to believe firmly in the integrity of our courts and in the jury system — that is no ideal to me, it is a living, working reality. Gentlemen, a court is no better than each man of you sitting before me on this jury. A court is only as sound as its jury, and a jury is only as sound as the men who make it up.
Source: Law and Authority (1886), I
Context: In existing States a fresh law is looked upon as a remedy for evil. Instead of themselves altering what is bad, people begin by demanding a law to alter it. … In short, a law everywhere and for everything! A law about fashions, a law about mad dogs, a law about virtue, a law to put a stop to all the vices and all the evils which result from human indolence and cowardice.
We are so perverted by an education which from infancy seeks to kill in us the spirit of revolt, and to develop that of submission to authority; we are so perverted by this existence under the ferrule of a law, which regulates every event in life — our birth, our education, our development, our love, our friendship — that, if this state of things continues, we shall lose all initiative, all habit of thinking for ourselves. Our society seems no longer able to understand that it is possible to exist otherwise than under the reign of law, elaborated by a representative government and administered by a handful of rulers. And even when it has gone so far as to emancipate itself from the thralldom, its first care has been to reconstitute it immediately. "The Year I of Liberty" has never lasted more than a day, for after proclaiming it men put themselves the very next morning under the yoke of law and authority.
An Essay on the Trial by Jury, Boston, MA: John P. Jewett and Company, Cleveland, Ohio: Jewett, Proctor & Worthington (1852) p. 5
“There is no distinction between a good jury and a common jury.”
King v. Perry (1793), 5 T. R. 460.
“The Danger Threatening Representative Government” Speech (1897) http://www.wisconsinhistory.org/pdfs/lessons/EDU-SpeechTranscript-SpeechesLaFollette-DangerThreatening.pdf
1920s, Ordered Liberty and World Peace (1924)