Definition Of Maintaining Rule Of Law

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V: Morality Ought Criterion: Maintaining Rule of Law The rule of law is vital to keep power with the people and prevent a government from being all powerful and oppressive. Specific to the actor (juror) Jurors become part of the legal system, part of the governance, so they are particularly obligated to society as a whole. Contention 1 Jury nullification undermines legal stability by wrongfully distributing lawmaking powers and destroying due process and objective application. Legal expert, Erick Haynie writes: Journal of Criminal Law and Criminology Volume 88 Issue 1 Fall Article 8 Fall 1997 Populism, Free Speech, and the Rule of Law: The Fully Informed Jury Movement and its Implications Erick J. Haynie 1. Rule of Law v. Rule of Men…show more content…
6 This reality was explained long ago in the Supreme Court 's landmark decision of Sparf & Hansen v. United States,8 7 which addressed the issue of jury nullification in the federal court system. Holding that it is the right and duty of the trial judge to instruct the jury to follow the law, the Court wrote that: Public and private safety alike would be in peril if the principle be established that juries in criminal cases may, of right, [be told to] disregard the law as expounded to them by the court, and become a law unto themselves. Under such a system, the principal function of the judge would be to preside and keep order while jurymen, untrained in the law, would determine questions affecting life, liberty, or property according to such legal principles as, in their judgement, were applicable to the particular case being tried.... We must hold firmly to the doctrine that in the courts of the United States it is the duty ofjuries in criminal cases to take the law from the court, and apply that law to the facts as they find them to be from the evidence.& The Ninth Circuit has criticized nullification arguments by counsel as violative of the rule of law in even stronger terms: If we... allow lawyers to appeal for jury nullification
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