Philosophy & Opinions of Marcus Garvey: Africa for the Africans Volume 1 & 2 by Marcus Garvey

Author:Marcus Garvey [Garvey, Marcus]
Language: eng
Format: epub
ISBN: 9781614277309
Goodreads: 30303213
Publisher: Frontline Books & Miguel Lorne Publishers
Published: 2014-11-19T00:00:00+00:00

POINT III

The verdict of the jury was induced either by passion or prejudice. It was in entire disregard of the evidence.

It is impossible for anyone to assert that the verdict of the jury can be supported by logic. How is it possible to explain the action of the jury, when it acquitted all the defendants of the charge of conspiracy, and acquitted Garvey of all the substantive counts, except on the single charge contained in the Dancy count. This finding was a vagary. It was clearly based upon an ignorance of the facts shown by the record. It necessarily implies that the jury either misunderstood the charge of the Court or paid not the least attention to it. It necessarily implies that the jury was engaged in administering a lawless justice, uncontrolled by the facts in the record, or the law as charged by the Court.

In a civil case, where the result reached by the jury demonstrates that it indulged in speculation, or in an apparent effort to compromise, the Courts hasten to correct the injustice. It is recognized that the jury has not performed its duty. It is presumed that the jury has been influenced by passion or prejudice, or has yielded to mere conjecture. The reasons for insisting in a criminal case that a jury must render a verdict that is consistent with the record and the law as directed by the Court are far more potent. The sanctity of the jury system, and the maintenance of respect for the jury system are vitally dependent upon the proper performance by the jury of its functions in strict accordance with law. There can be no compromise with this principle, if it is intended to maintain intact the due and effective operation of our jury system as a part of the administration of criminal law. We repeat that the verdict of the jury in this case has not the least possible support in logic, and cannot be defended as in conformity with the facts and the law of the case. It was a leap in the dark.

This case called for the finest discrimination on the part of the jury, and the most scrupulous consideration of the facts. It required the jury to be constantly awake to the danger that it might be influenced by considerations outside of the record. It was a matter in which every juryman had an intimate personal interest. While it is important that the Government should protect a class from the alleged schemes of their accepted leader, it is even more important that the people whose just aspirations Mr. Garvey represents should be left with the feeling that their leader has received a fair trial. It was peculiarly a case where the rights of the defendant should have received the utmost protection.

It is true that we can make no appeal to this Court, based upon the fact that the verdict is contrary to the evidence. It is true, that however slight the amount, and however unconvincing may be the force of the testimony, we are in this respect concluded by the verdict.

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