 | 43. Quoted in
Jury Duty, Twentieth Judicial District, Davidson County, Tennessee
(Nashville: Metro Center Printing, 1989), p. 2.
|
| 44. Thomas L. Tedford,
Freedom of Speech in the United States
(Carbondale: Southern Illinois University Press, 1985), p. 36.
|
| 45. See Dan T. Carter,
Scottsboro: A Tragedy of the American South
(Baton Rouge: Louisiana State University Press, 1979 rev.), p. 273. Judge Horton never regretted his decision. Thirty-two years after the trial he referred to the family tradition he had learned as a child,
fiat justitia ruat coelum
: "Let justice be done though the heavens may fall."
|
| 46. Judges in the federal system can grant a new trial if they do not agree with the verdict.
Federal Rules of Criminal Procedure
, p. 33. Judges
must
dismiss a criminal conviction if they believe that no "reasonable" juror could have found the defendant guilty by proof beyond a reasonable doubt.
Federal Rules of Criminal Procedure
, p. 29(c). These remedies, however, are not used lightly by a judge; they are available only in those rare circumstances in which the judge believes that the jury verdict represents a gross injustice.
|
| 47. Devlin,
Trial by Jury
, p. 165.
|
| 48. Alexis de Tocqueville, "Trial by Jury in the United States Considered As a Political Institution," in
Democracy in America
, edited by J. P. Meyer and Max Lerner (New York: Harpter & Row, 1966), p. 297.
|
| 49. Antiphon 5.1718.
|
| 50. See Elsa de Haas,
Antiquities of Bail
(New York: Columbia University Press, 1940), pp. 329.
|
| 51. Jones,
Criminal Courts
, pp. 114, 115.
|
| 52. Ulpian (9
de officio proconsulis
),
Digest
48.19.8.9.
|
| 53. Jurors have only been drawn from the entire adult population in America in the later years of the twentieth century.
|
| 1. The last four words of the Tenth Amendment, "and of the people," were not included in Madison's proposals but were added by the Senate, perhaps to bring the meaning into conformity with the Ninth Amendment and to explicate the intent of both, that with regard to the federal government there are rights retained by the people. This is the view of Norman Redlich in his essay "Are There 'Certain Rights ...' Retained by the People?," in Randy E. Barnett, ed.,
The Rights Retained by the People: The History and Meaning of the Ninth Amendment
(Fairfax, Virginia: George Mason University Press, 1989), p. 141.
|
|
