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Georgia v. Brailsford (1794) : ウィキペディア英語版 | Georgia v. Brailsford (1794)
''Georgia v. Brailsford'', , was an early United States Supreme Court case where the presiding judge of the Court instructed the jury, in part, that a jury has a right to judge the law as well as the facts. This case is often cited as precedent by proponents of jury nullification.〔James R. Perry, ''The Documentary History of the Supreme Court of the United States, 1789-1800'', Volume 6, "Georgia v. Brailsford," p. 73. ()〕 One scholar has argued that the jury the Supreme Court used in this case was a special jury of merchants of the type used by Lord Mansfield.〔Lochlan F. Shelfer, ''Special Juries in the Supreme Court'', 123 Yale. L.J. 208 (2013). ()〕 ==Summary== In this case, the first Chief Justice, John Jay, wrote: "It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision… you () have a right to take it upon yourselves to judge both, and ''to determine the law as well as the fact in controversy''". In 1895 in ''Sparf v. United States'', the Court said that courts need not inform jurors of their ''de facto'' right of juror nullification although jurors' inherent right to judge the law remains unchallenged.
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