Fair trial

“ Fair and impartial verdicts mean verdicts not only fair to one side, but to both sides of a case on trial. Too often jurors and courts and even prosecutors, in their anxiety to be fair toward men on trial, step over the line of duty, and criminals go unpunished and the law becomes a farce. While I want you to give these men a fair and impartial trial; while we desire that you give them the benefit of everything the law in its wise provisions enables you to give, in your anxiety to be fair don't step over the line of duty and do an injustice to the people of this great State. ”

“ While different theories have been advanced to support the permissibility of retrial, of greater importance than the conceptual abstractions employed to explain the Ball principle are the implications of that principle for the sound administration of Justice. Corresponding to the right of an accused to be given a fair trial is the societal interest in punishing one whose guilt is clear after he was obtained such a trial. ”

“ The record of both the original trial and the proceedings on the motions for a new trial shows clearly that the trial judge gave the numerous elements of the controversy careful and honest consideration. We think that even a casual perusal of this record should have revealed to the Circuit Court of Appeals that here nothing more was involved than an effort to upset a trial court's findings of fact.
Determination of guilt or innocence as a result of a fair trial, and prompt enforcement of sentences in the event of conviction, are objectives of criminal law. ”

“ But if it is important that the accused should be convicted and sentenced and that, perhaps with a view to further developments, the testimony as it appears should be kept from some conspirators still at large, it is of vastly greater importance that the trial should be absolutely fair, not only in spirit but also in appearance. ”

“ That protection of the law had been thrown around the men on trial to see that they should have a fair hearing, and that the jury should render a fair verdict. All evidence that was not competent had been excluded, and, wherever a question of doubt had arisen, His Honor, the judge, exercising his natural instincts of mercy, had solved that doubt for the benefit of the accused. ”

“ To this end no man can be a judge in his own case and no man is permitted to try cases where he has an interest in the outcome. * * * Fair trials are too important a part of our free society to let prosecuting judges be trial judges of the charges they prefer.' In re Murchison, 349 U.S. 133, 136-137, 75 S.Ct. ”

“ Without doubt there is in this country too much delay, and this, it seems to me, can be avoided without putting the life or liberty of innocent persons in peril. Take only such time as may be necessary to give the accused a fair trial, before an impartial jury, under and in accordance with the established forms of law, and to allow an appeal to the highest court. ”

“ If we rid ourselves of the assumption that we can measure the moral culpability of the accused, the whole process of a criminal trial consists in the assemblage of facts, the discussion, and the decision upon the evidence. For the classical school, on the other hand, such a trial has been regarded as a succession of guarantees for the individual against society, and, by a sort of reaction against the methods of legal proof, has been made to turn upon the private conviction, not to say the intuition, of the judge and counsel. ”

“ Such is the caution which the trial by jury both practises and inculcates, against the violation of justice, on the part of the government, towards the humblest individual, in the smallest matter affecting his civil rights, his property, liberty, or life. And such is the contrast, which the trial by jury presents, to that gambler's and robber's rule, that the majority have a right, by virtue of their superior numbers, and without regard to justice, to dispose at pleasure of the property and persons of all bodies of men less numerous than themselves. ”

“ Why, there on the Plaza you spoke in their their defense!"
"No, sir! No, sir! I did not! With the last breath that is in my body, sir, I will defend any man's right to trial trial by jury. I will defend any man's right to all the safeguards prescribed by law—but seek to have have guilty men acquitted, no! ”

“ Every man sees that the jury is but a troublesome delay, great charge, and of no use in determining right and wrong, and therefore the trials by them may be better abolished than continued; which were a strange new-found conclusion, after a trial so celebrated for many hundreds of years. ”

“ And if I could have faith that any prayers of mine, could furnish me other aid, I would ask for the tongues of angels,—I would invoke the genius of liberty to inspire my lips,—when I attempt to speak in behalf of this great birth-right and best privilege of all who have lived within the protecting influence of the English common law! The trial by jury, whenever and wherever it originated, sprung from the people. ”

“ That, in controversies respecting property, and in suits between man and man, the ancient trial by jury is one of the greatest securities to the rights of the people, and to remain sacred and inviolable. ”

“ The question for us is not whether a judge should be trusted as much as a jury to determine the question of guilt. We are dealing here with one of the great historic civil liberties-the right to trial by jury. ”

“ It is one of the most glorious attributes of jury trial, that in criminal cases (particularly such as are capital) the prisoner’s counsel may (and they often do) attempt “to deceive and mislead the jury.” It is essential to the fairness of the trial, that it should be conducted with perfect freedom. It is congenial to the generous spirit of our institutions to lean to the side of an unhappy fellow-creature, put in jeopardy of limb, or life, or liberty. ”

“ The guaranties of life, liberty, and of civil rights should be faithfully upheld; the right of trial by jury respected and defended. The rule of the courts should assure the public of the prompt trial of those charged with criminal offenses, and upon conviction the punishment should be commensurate with the enormity of the crime. ”

“ If you have made up your mind to cut off a man's head, and if you are aware that your position as a judge is a false one, you are bound to assert your authority without much regard to prisoners' feelings, or even good manners. I am not in a position to discuss what effect the essential illegality of the trial, from a formal point of view, produced on contemporary and subsequent opinion; but I think it may safely be said that the trial presents the most striking example to be found in English history of the view held in this country of the authority of the law. ”

“ Should not the example of the law be followed, which is so tender in criminal cases, that delinquents are often found not guilty, for want of legal evidence, at the same time that the court, the jury, and every one present at the trial feel the strongest moral conviction of their guilt? ”

“ It has been often said by this court that the trial by jury is a fundamental guaranty of the rights and liberties of the people. Consequently, every reasonable presumption should be indulged against its waiver. ”

“ It is only when the finding of the jury is unfavorable to the prisoner, that the humane provisions of our law, always jealous of oppression when the life or liberty of the citizen is at stake, permits the verdict to be set aside, and a new trial granted to the unhappy culprit. When I concede the right of the Court to explain the law to the jury in a criminal, and especially in a capital case, I am penetrated with a conviction that it ought to be done, if at all, with great caution and delicacy. ”

“ Let your statute books answer the question.
Again we demand in criminal cases that most sacred of all rights, trial by a jury of our own peers. The establishment of trial by jury is of so early a date that its beginning is lost in antiquity; but the right of trial by a jury of one's own peers is a great progressive step of advanced civilization. No rank of men have ever been satisfied with being tried by jurors higher or lower in the civil or political scale than themselves; for jealousy on the one hand, and contempt on the other, has ever effectually blinded the eyes of justice. ”

“ With what jealous care the right of trial by jury in criminal cases has been guarded by every English-speaking people from the days of King John, indeed from the days of King Alfred, is known to every lawyer and to every intelligent layman, and it does not seem to me that such a limitation of that right as is presented by the proceedings in this case, can be reconciled either with constitutional provisions, with the practice of courts, with public sentiment on the subject, or with safety in the administration of justice. ”

“ The Constitution and Bill of Rights declare in sweeping unequivocal terms that 'The Trial of all Crimes * * * shall be by Jury,' that 'In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury,' and that 'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.' As it may now be punished criminal contempt is manifestly a crime by every relevant test of reason or history. ”

“ The trial by jury, then, gives to any and every individual the liberty, at any time, to disregard or resist any law whatever of the government, if he be willing to submit to the decision of a jury, the questions, whether the law be intrinsically just and obligatory? ”

“ It has also been said, that the right of the judge to instruct the jury upon the weight of testimony has been ruled as the established doctrine of this court. If this be so, it is a revelation which the friends of jury trial, in its full integrity and independence, will grieve to learn, and will be disposed to regard as a demolition by this court of that sacred ark of civil liberty, for which, by the greatest services it may render, it can hardly ever be able to atone. ”

“ May it please your Honors, and Gentlemen of the Jury:
A trial in a Court of Justice is a trial of many things besides the prisoners at the bar. It is a trial of the strength of the laws, of the power of the Government, of the duty of the citizen, of the fidelity to conscience and the intelligence of the Jury. It is a trial of those great principles of faith, of duty, of law, of civil society, that distinguish the condition of civilization from that of barbarism. ”

“ This decision I regard as in strict conformity with the doctrines promulged by the fathers of the law, the doctrine which alone can prevent the inestimable trial by jury from becoming a mere mockery and a deception to those who have been taught to revere and rely upon it as the best safeguard of these rights. Transforming this institution from what it was intended to be, and once was in reality,-a trial by the country,-into a mere formula, to be moulded at the discretion of the court. I think that the judgment of the Circuit Court should be reversed. ”

“ It is the duty of a court in its relation to the jury to protect parties from unjust verdicts arising from ignorance of the rules of law and of evidence, from impulse of passion or prejudice, or from any other violation of his lawful rights in the conduct of a trial. ”

“ As a former District Attorney, representing the people in the enforcement of the law, I have long had it impressed upon me how essential it was that no hasty, or harsh, or intolerant action, taken in the heat and controversy of a jury trial, should thereafter imperil the entire work and by producing injustice, and a subsequent reversal in the higher courts, bring some great reform into disrepute or temporary delay. Patience, thoroughness, and courage, mark the only pathway towards permanent progress and reform. ”

“ If a jury consent, at the dictation of the court, as to either law or evidence, to render a verdict, on the strength of which they have reason to believe that a man's property will be taken from him and given to another, against their own notions of justice, they make themselves morally responsible for the wrong. ”

“ It had its origin in their honesty, their justice, their humanity and truth.—And never among all the inventions of men, has any mode of trial been devised, which administers law, so effectually for the promotion of those great qualities, as the trial by jury. The people have clung to it with a tenacity that showed how truly they estimated its value. ”

“ The true trial by jury would also compel the free administration of justice from another necessity, viz., that of preventing private quarrels; because, unless the government enforced a man's rights and redressed his wrongs, free of expense to him, a jury would be bound to protect him in taking the law into his own hands. A man has a natural right to enforce his own rights and redress his own wrongs. ”

“ When a lawyer attacks the fairness, the even-handedness, and the integrity of the proceedings in a trial in which he himself is actively engaged, in the inflammatory, public fashion that this record reveals, supplemented with specific attack on the presiding judge, how can the conclusion be escaped that it was not rules of law in the abstract which were assailed, but the manner in which the processes of justice in the particular case were being conducted? ”