The prevalent idea, that a juror may, at the mere dictation of a
legislature or a judge, and without the concurrence of his own
conscience or understanding, declare a man "guilty," and thus in
effect license the government to punish him; and that the
legislature or the judge, and not himself, has in that case all
the moral responsibility for the correctness of the principles on
which the judgment was rendered, is one of the many gross
impostures by which it could hardly have been supposed that any
sane man could ever have been deluded, but which governments
have nevertheless succeeded in inducing the people at large to receive
and act upon.
As a moral proposition, it is perfectly self-evident that, unless
juries have all the legal rights that have been claimed for them
in the preceding chapters, that is, the rights of judging what
the law is, whether the law be a just one, what evidence is
admissible, what weight the evidence is entitled to, whether an
act were done with a criminal intent, and the right also to limit
the sentence, free of all dictation from any quarter, they have
no moral right to sit in the trial at all, and cannot do so
without making themselves accomplices in any injustice that they
may have reason to believe may result from their verdict. It is
absurd to say that they have no moral responsibility for the use
that may be made of their verdict by the government, when they
have reason to suppose it will be used for purposes of injustice.
It is, for instance, manifestly absurd to say that jurors have no
moral responsibility for the enforcement of an unjust law, when
they consent to render a verdict of guilty for the transgression
of it; which verdict they know, or have good reason to believe,
will be used by the government as a justification for inflicting
a penalty.
It is absurd, also, to say that jurors have no moral
responsibility for a punishment indicted upon a man against law,
when, at the dictation of a judge as to what the law is, they
have consented to render a verdict against their own opinions of
the law.
It is absurd, too, to say that jurors have no moral
responsibility for the conviction and punishment of an innocent
man, when they consent to render a verdict against him on the
strength of evidence, or laws of evidence, dictated to them by
the court, if any evidence or laws of evidence have been
excluded, which they (the jurors) think ought to have been
admitted in his defence.
It is absurd to say that jurors have no moral responsibility for
rendering a verdict of "guilty" against a man, for an act which
he did not know to be a crime, and in the commission of which,
therefore, he could have had no criminal intent, in obedience to
the instructions of courts that "ignorance of the law (that is,
of crime) excuses no one."
Public-domain text, read in full here on John Shaqi.
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