
Martin v. Mackonochie (1878), L. R. 3 Q. B. 775.
Martin v. Mackonochie (1878), L. R. 3 Q. B. 775.
Tolstoy and His Message (New York: Funk and Wagnall's Company, 1904), p. 53 https://archive.org/stream/tolstoyhismessa00cros#page/52.
Question http://hansard.millbanksystems.com/commons/1995/feb/16/jury-trials in the House of Commons (16 February 1995).
1990s
Reg. v. Gibson (1887), 18 Q. B. D. 537; 16 Cox, C. C. 181.
Winsor v. The Queen (1866), L. R. 1 Q. B. Ca. 305.
In January 2009, nearly a year after Gonzalez’s arrest, Leiderman called him excitedly: The judge had sided with them. Gonzalez was soon holding a certified copy of the judge’s order declaring him factually innocent.
As stated in, A Man Falsely Accused of Rape and Kidnap. http://jayleiderman.com/blog/jay-leiderman-quoted-part-5/
Source: A Man of Law's Tale (1952), At the Scottish bar, p. 86
“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.
1820s, Letter to A. Coray (1823)
"What is War?" (1924)
1 Cababe & Ellis' Q. B. D. Rep. 133.
Reg. v. Ramsey (1883)
"The Malevolent Jobholder," The American Mercury (June 1924), p. 156
1920s
Jugez-moi, messieurs les jurés, mais si vous m'avez compris, en me jugeant jugez tous les malheureux dont la misère, alliée à la fierté naturelle, a fait des criminels, et dont la richesse, dont l'aisance même aurait fait des honnêtes gens!
Trial statement
Can it be that the Constitution affords no protection against such invasions of individual security?
Dissenting, Olmstead v. United States, 277 U.S. 438 (1928).
Judicial opinions
As quoted in "The Earth's Storm Troopers", Phoenix New Times (7 August 1991)
1990s
America...You Kill Me
Letter to F. Cobden (5 July 1835) during his visit to the United States, quoted in John Morley, The Life of Richard Cobden (London: T. Fisher Unwin, 1905), pp. 33-34.
1830s
[David, Brooks, http://www.weeklystandard.com/Content/Public/Articles/000/000/002/379yqbvk.asp?pg=1, 48 Hours, Weekly Standard, March 17, 2003, May 24, 2011]
2000s
1960s, State of the Union Address (1966)
“I am as jealous of the rights of juries as of those of the Court.”
Rex v. Hucks (1816), 1 Starkie, 522.
Dissenting, Roth v. United States, 354 U.S. 476, 512 (1957)
Judicial opinions
1 Cababe & Ellis' Q. B. D. Rep. 134.
Reg. v. Ramsey (1883)
Source: The Ideological Origins of the American Revolution (1967), Chapter V, TRANSFORMATION, p. 182.
America...You Kill Me
Wakefield's Case (1799), 27 How. St. Tr. 736.
“One mechanism of repression is the grand jury.”
Source: Democracy for the Few (2010 [1974]), sixth edition, Chapter 9, p. 139
On Saturday Night Live, As Unfrozen Caveman Lawyer
1992
July
Ron Paul Political Report
3
http://www.tnr.com/sites/default/files/PR_July92_p3.pdf, quoted in * 2012-01-03
Andy
Kroll
10 Extreme Claims in Ron Paul's Controversial Newsletters
Mother Jones
0362-8841
http://motherjones.com/politics/2012/01/ron-paul-newsletter-iowa-caucus-republican?page=2
Disputed, Newsletters, Ron Paul Political Report
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.
“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.
Gompers v. United States, 233 U.S. 604, 610 (1914).
1910s
Speech to the Virginia Convention (1861)
Context: If things are allowed to go on as they are, it is certain that slavery is to be abolished except in Georgia and the other cotton States, and I doubt, ultimately in these States also. By the time the North shall have attained the power, the black race will be in a large majority, and then we will have black governors, black legislatures, black juries, black everything. Is it to be supposed that the white race will stand for that? It is not a supposable case. War will break out everywhere like hidden fire from the earth. We will be overpowered and our men will be compelled to wander like vagabonds all over the earth, and as for our women, the horrors of their state we cannot contemplate in imagination. We will be completely exterminated, and the land will be left in the possession of the blacks, and then it will go back to a wilderness and become another Africa or Saint Domingo. Join the north and what will become of you? They will hate you and your institutions as much as they do now, and treat you accordingly. Suppose they elevated Charles Sumner to the presidency? Suppose they elevated Fred Douglass, your escaped slave, to the presidency? What would be your position in such an event? I say give me pestilence and famine sooner than that.
Pt. 2, ch. 23
Atticus Finch
To Kill a Mockingbird (1962)
Context: The one place where a man ought to get a square deal is in a courtroom, be he any color of the rainbow, but people have a way of carrying their resentments right into a jury box. As you grow older, you’ll see white men cheat black men every day of your life, but let me tell you something and don’t you forget it — whenever a white man does that to a black man, no matter who he is, how rich he is, or how fine a family he comes from, that white man is trash.
Address to Grand Jury (1885)
Variant: I believed that I had a mission, I believe that I had a mission at this very moment.
The Queen Vs. Louis Riel : Accused and Convicted of the Crime of High Treason. Report of Trial at Regina (1886), p. 147 http://books.google.com/books?id=jLANAAAAQAAJ&output=text
Context: It is true, gentlemen, I believed for years I had a mission, and when I speak of a mission you will understand me not as trying to play the role of insane before the grand jury so as to have a verdict of acquittal upon that ground. I believe that I have a mission, I believe I had a mission at this very time. What encourages me to speak to you with more confidence in all the imperfections of my English way of speaking, it is that I have yet and still that mission, and with the help of God, who is in this box with me, and He is on the side of my lawyers, even with the honorable court, the Crown and the jury, to help me, and to prove by the extraordinary help that there is a Providence to-day in my trial, as there was a Providence in the battles of the Saskatchewan.
1920s, Ordered Liberty and World Peace (1924)
Science and Spirit interview (2004)
Context: A great many people say we have language and imagination to posit creators, interveners, and agencies that we can't actually prove. And yet some people experience God within them--these experiences are not drawn-up hypotheses. It's possible those of us who don't feel God within them have deficient brains that aren't capable of such experiences; or alternatively, the people who experience these things have brains that somehow create them. As near as I can tell, the jury is out on that. I may be a non-theist who doesn't include a god concept in my religious orientation because I have an incompetent brain, or perhaps theists have brains giving them inaccurate information.
Speaking at an anniversary celebration of the Equal Rights Association in New York, responding to Rev. Mrs. Hanaford, who had asked that the assembly disavow "Free Loveism," as being upsetting and alienating to "the Christian men and women of New England everywhere." (12 May 1869), quoted in Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage, History of Woman Suffrage, vol. 2 (1882)
Context: You may talk about Free Love, if you please, but we are to have the right to vote. Today we are fined, imprisoned, and hanged, without a jury trial by our peers. You shall not cheat us by getting us off to talk about something else. When we get the suffrage, then you may taunt us with anything you please, and we will then talk about it as long as you please.
Declaration of Conscience (1950)
Context: I think that it is high time for the United States Senate and its members to do some soul-searching — for us to weigh our consciences — on the manner in which we are performing our duty to the people of America — on the manner in which we are using or abusing our individual powers and privileges.
I think that it is high time that we remembered that we have sworn to uphold and defend the Constitution. I think that it is high time that we remembered that the Constitution, as amended, speaks not only of the freedom of speech but also of trial by jury instead of trial by accusation.
Whether it be a criminal prosecution in court or a character prosecution in the Senate, there is little practical distinction when the life of a person has been ruined.
Morissette v. United States, 342 U.S. 246, 276 (U.S. 1952)
Judicial opinions
Address to Grand Jury (1885)
Context: Even if I was going to be sentenced by you, Gentlemen of the Jury, I have this satisfaction that if I die, I will not be reputed by all men as insane, as a lunatic. A good deal has been said by the two Revd Fathers André and Fourmond. I cannot call them my friends, but they made no false testimony. I know that a long time ago they believed me more or less insane. Father Fourmond said that I would pass from a great passion to great calmness, that shows great control under contradiction and according to my opinion and with the help of God, I have that control.
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.
Source: The Devil and Daniel Webster (1937)
Context: Then he turned to Jabez Stone and showed him as he was — an ordinary man who'd had hard luck and wanted to change it. And, because he'd wanted to change it, now he was going to be punished for all eternity. And yet there was good in Jabez Stone, and he showed that good. He was hard and mean, in some ways, but he was a man. There was sadness in being a man, but it was a proud thing too. And he showed what the pride of it was till you couldn't help feeling it. Yes, even in hell, if a man was a man, you'd know it. And he wasn't pleading for any one person any more, though his voice rang like an organ. He was telling the story and the failures and the endless journey of mankind. They got tricked and trapped and bamboozled, but it was a great journey. And no demon that was ever foaled could know the inwardness of it — it took a man to do that.
The fire began to die on the hearth and the wind before morning to blow. The light was getting gray in the room when Dan'l Webster finished. And his words came back at the end to New Hampshire ground, and the one spot of land that each man loves and clings to. He painted a picture of that, and to each one of that jury he spoke of things long forgotten. For his voice could search the heart, and that was his gift and his strength. And to one, his voice was like the forest and its secrecy, and to another like the sea and the storms of the sea; and one heard the cry of his lost nation in it, and another saw a little harmless scene he hadn't remembered for years. But each saw something. And when Dan'l Webster finished he didn't know whether or not he'd saved Jabez Stone. But he knew he'd done a miracle. For the glitter was gone from the eyes of the judge and jury, and, for the moment, they were men again, and knew they were men.
78 U.S. 93
Judicial opinions, United States v. Ballard (1944)
"Anarchist's Progress" in The American Mercury (1927); § III : To Abolish Crime or to Monopolize It? http://www.mises.org/daily/2714
Context: Once, I remember, I ran across the case of a boy who had been sentenced to prison, a poor, scared little brat, who had intended something no worse than mischief, and it turned out to be a crime. The judge said he disliked to sentence the lad; it seemed the wrong thing to do; but the law left him no option. I was struck by this. The judge, then, was doing something as an official that he would not dream of doing as a man; and he could do it without any sense of responsibility, or discomfort, simply because he was acting as an official and not as a man. On this principle of action, it seemed to me that one could commit almost any kind of crime without getting into trouble with one's conscience.
Clearly, a great crime had been committed against this boy; yet nobody who had had a hand in it — the judge, the jury, the prosecutor, the complaining witness, the policemen and jailers — felt any responsibility about it, because they were not acting as men, but as officials. Clearly, too, the public did not regard them as criminals, but rather as upright and conscientious men.
The idea came to me then, vaguely but unmistakably, that if the primary intention of government was not to abolish crime but merely to monopolize crime, no better device could be found for doing it than the inculcation of precisely this frame of mind in the officials and in the public; for the effect of this was to exempt both from any allegiance to those sanctions of humanity or decency which anyone of either class, acting as an individual, would have felt himself bound to respect — nay, would have wished to respect. This idea was vague at the moment, as I say, and I did not work it out for some years, but I think I never quite lost track of it from that time.
“It is surely easier to confess a murder over a cup of coffee than in front of a jury.”
1800s, First Inaugural Address (1801)
Source: Assata: In Her Own Words, p. 166
If I have any influence in the New World it is to help in that way and even if it takes two hundred years to become practical, then after my death that will bring out practical results, and then my children will shake hands with the Protestants of the New World in a friendly manner. I do not wish those evils which exist in Europe to be continued as much as I can influence it, among the Half-breeds. I do not wish that to be repeated in America, that work is not the work of some days or some years it is the work of hundreds of years.
Address to Grand Jury (1885)
Shift the blame; change the subject. Blame it on the plaintiff in the Arkansas case. Blame it on her lawyers. Blame it on the Independent Counsel. Blame it on partisanship. Blame it on the majority members of the House Judiciary Committee. Blame it on the process.
Sen. Kay Bailey Hutchison's closed-door impeachment statement, CNN.com, CNN, February 12, 1999, 2007-07-21 http://www.cnn.com/ALLPOLITICS/stories/1999/02/12/senate.statements/hutchison.html,
Interview https://books.google.ca/books?id=umhoFsnYri8C with Martin Amis (1979), published in Visiting Mrs Nabokov : And Other Excursions (1993), this was modified to censor the word "fuck" when quoted in "Roman Polanski: 'Everyone else fancies little girls too'" by Michael Deacon http://blogs.telegraph.co.uk/news/michaeldeacon/100011795/roman-polanski-everyone-else-fancies-little-girls-too/
Trial of Redhead alias Yorke (1795), 25 How. St. Tr. 1149.
“I don't cooperate with grand juries or the police ever. That's just my standard policy.”
Criticism
The Note-Books of Samuel Butler (1912), Part VII - On the Making of Music, Pictures, and Books
Source: DNA: The Story of the Genetic Revolution (2003/2017), Chapter 11, “Genetic Fingerprinting: DNA’s Day in Court” (p. 300)