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Jurors should know root of law
Wednesday, July 8, 2009 12:34 PM PDT
Judges’ instructions to the jury usually imply that the judges interpretation of the law will be applied and used in any jury discussion. There is no hint that the jury can consider the reasonableness of the law in a particular case.
On July 14, 1798, President John Adams, signed a document including the following: “And the jury who shall try the case, shall have a right to determine the law and the fact under the direction of the court, as in other cases.”
The document expired, but notice the words — as in other cases. It clearly indicates this was a rational and a common-place practice.
Would justice be better served if juries were aware of this?
Lyle A. Nelson
North Bend
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