Additional physical format print version lehmayer martin 1861 1936 should juries in criminal cases be judges of the law and fact baltimore cushings bailey 1886. Full text of should juries in criminal cases be judges of the law and fact see other formats . What is the difference between a question of law and a question of fact jan 31st 2017 dui dui trials the short and simple answer is that questions of law are for the judge to decide whereas questions of fact are for the jury to decide however while technically correct this short answer is incomplete. In canada juries are instructed to take direction on the law from the trial judge a lawyer would be in serious trouble if they suggested to the jury they could ignore the law or the trial judges instructions determination of the facts is the d. Reflecting the general consensus dismissing the fact law distinction as camouflage for the normative conclusion that a question should go to the judge or to the jury13 the courts analyses in these cases avoided reference to the fact law distinction as a basis for decision instead the court invoked a variety of other
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