Either the judge or the jury must decide facts and, to the extent that we take this responsibility, we lessen the jury function. Our duty to preserve this one of the Bill of Rights may be peculiarly difficult, for here it is our own power which we must restrain.1
Brault, Albert D. and Lynch, John A. Jr.
"The Motion for New Trial and Its Constitutional Tension,"
University of Baltimore Law Review: Vol. 28
, Article 2.
Available at: http://scholarworks.law.ubalt.edu/ublr/vol28/iss1/2