“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

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

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John Coleridge, 1st Baron Coleridge 24

British lawyer, judge and Liberal politician 1820–1894

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.

“The best way in which a jury can execute their duty is to give their verdict according to the evidence before them.”

Giles Rooke (1743–1808) British judge (1743-1808)

Trial of Redhead alias Yorke (1795), 25 How. St. Tr. 1149.

“I am sure from my experience of juries that, in a criminal case especially, they will obey the law as declared by the Judge; they will take the law from the Judge, whether they like it or do not like it, and apply it honestly to the facts before them.”

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

1 Cababe & Ellis' Q. B. D. Rep. 133.
Reg. v. Ramsey (1883)

“That in all capital or criminal prosecutions a man bath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.”

George Mason (1725–1792) American delegate from Virginia to the U.S. Constitutional Convention

Article 8
Virginia Declaration of Rights (1776)

“I'm all for illegal immigration in this country except for the fact that they don't have to serve on jury duty. That's horseshit. It should be the other way around, they should serve exclusively on jury duty. Yeah, then, then, it would truly be a jury of one's own peers. [Some of the audience groans] It's not a stereotype if it's always true. Yeah, then it becomes law. That joke was called, "Latinos are criminals."”

Daniel Tosh (1975) American stand-up comedian

Happy Thoughts (2011)

“The law has always had difficulty assimilating the implications, if not the very idea, of scientific evidence. Even the most intelligent lawyers, judges, and juries have customarily found it difficult to understand at first.”

James D. Watson (1928) American molecular biologist, geneticist, and zoologist.

Source: DNA: The Story of the Genetic Revolution (2003/2017), Chapter 11, “Genetic Fingerprinting: DNA’s Day in Court” (p. 300)

“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

“For more than six hundred years—that is, since the Magna Carta in 1215—there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge, what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust, oppressive, and all persons guiltless in violating, or resisting the execution of, such laws.”

Lysander Spooner (1808–1887) Anarchist, Entrepreneur, Abolitionist

An Essay on the Trial by Jury, Boston, MA: John P. Jewett and Company, Cleveland, Ohio: Jewett, Proctor & Worthington (1852) p. 5

“It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision … You have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy.”

John Jay (1745–1829) American politician and a founding father of the United States

Georgia vs. Brailsford http://www.friesian.com/jury.htm (1794)
1790s

“[T]ake it to be the bounden duty of the Judge to lay down the law as it strikes him, and that of the jury to accede to it, unless they have superior knowledge on the subject.”

Sir John Bayley, 1st Baronet (1763–1841) British judge

1 St. Tr. (N. S.) 130.
Trial of Sir Francis Burdett (King v. Burdett) (1820)

“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.”

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John Coleridge, 1st Baron Coleridge 24

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