Why should an unreasonable jury have the unchecked power to make decisions against the law and the evidence? In my view the court’s power to order a new trial may be inadequate to control a perverse jury. Would justice be served by the unchecked power of juries in Eire refusing to convict IRA murderers, or of all-white juries in the southern United States refusing to convict whites of murdering blacks, or of juries in Sicily regularly discharging members of the Mafia? . . . Morgentaler, I believe, has been justly imprisoned.
Carruthers G. (Correspondence) The Morgentaler case. Can Med Assoc J. 1975 Nov 08;113(9):818.