American juries once decided both law and fact, free to ignore judges
Evidence
This division of labor did not develop in the United States until the nineteenth century. Before that, the jury determined both the facts and the law. Although the judge instructed jurors about the law, they remained free to ignore the judge’s instructions and render verdicts based on their consciences or their own independent interpretation of the law. — G. Alan Tarr, Judicial Process and Judicial…, 1410
Categorization
- XREF: Links to debates over jury nullification and the legitimacy of jury power in legal thought. — connects to: Judges decide law while juries decide facts and apply it — G. Alan Tarr, Judicial Process and Judicial…, 1409; Early American juries, not judges, determined the law through jury nullification — G. Alan Tarr, Judicial Process and Judicial…, 868; Courts saw a century ago that juries cannot disregard inadmissible evidence — Sander van der Linden, Foolproof: Why Misinformation Infects…, 252 (+6 more)
Broader Connections
- Early American juries, not judges, determined the law through jury nullification
#corroborates(1.00) — G. Alan Tarr, Judicial Process and Judicial…, 868 - Courts saw a century ago that juries cannot disregard inadmissible evidence
#contradicts(1.00) — Sander van der Linden, Foolproof, 252 - Judicial decisions are governed by beliefs about facts and rules
#complicates(0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 160 - American courts inherited common-law rulemaking and thus judges make law
#complicates(0.80) — G. Alan Tarr, Judicial Process and Judicial…, 138 - Trials resolve disputes over facts, over law, or over both
#complicates(0.70) — G. Alan Tarr, Judicial Process and Judicial…, 1275 - Trial and appellate courts perform distinct functions regarding facts versus legal correctness
#complicates(0.70) — G. Alan Tarr, Judicial Process and Judicial…, 218 - Jury trials divide fact-finding to jurors and law-determination to judges.
#complicates(0.70) — G. Alan Tarr, Judicial Process and Judicial…, 1401