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<blockquote data-quote="wilberforce15" data-source="post: 5068391" data-attributes="member: 5053"><p>It's in there so obviously that John Jay treated it as obvious. </p><p></p><p>The check on crazy jurors is provided in jury selection. The balance on judicial tyranny is provided by jurors. It's in the basic fabric of the republic in the existence of jury trials. </p><p></p><p>If the only thing jurors were alllowed to determine was fact, and not fact and law, then they are superfluous. There is no point in convening commoners to determine the facts of the case. The only purpose in a jury system is to have them judge the law as well.</p></blockquote><p></p>
[QUOTE="wilberforce15, post: 5068391, member: 5053"] It's in there so obviously that John Jay treated it as obvious. The check on crazy jurors is provided in jury selection. The balance on judicial tyranny is provided by jurors. It's in the basic fabric of the republic in the existence of jury trials. If the only thing jurors were alllowed to determine was fact, and not fact and law, then they are superfluous. There is no point in convening commoners to determine the facts of the case. The only purpose in a jury system is to have them judge the law as well. [/QUOTE]
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