Vermont Bar Journal, Vol. 40, No. 2 Winter 2016, Volume 41, No. 4 | Page 16

Ruminations formation? Though it may be true, that a jury would ordinarily follow the  advice  of the judge, and treat it, practically, as binding as a direction would be upon them, yet the danger would be in exciting trials, and where the law, which the government were attempting to enforce, was deemed unpopular. A jealousy of leaving the law to the court, in criminal trials, as in other cases, is, in the present state of things, the merest declamation. Our judges are dependent upon the people, and the very tendency of an elective judiciary is towards the popularity of the day. Considering, then, as I do, that the doctrine, now established by this court, is opposed to the current of adjudged cases in England and in this country, and to constitutional principles, and in violation of the harmony of the legal system, and unfit in the nature of things, and in no way necessary for the preservation of the liberty of the citizen and the protection of innocence and the wholesome administration of criminal justice, and especially unnecessary in a government, where there is an elective judiciary, like the one in this state, the tendency of which is towards popular feeling, I have not been able to bring my mind to concur with my brethren.35 Hall’s ruling stood for another forty-three years, before being reversed by State v. Burpee (1892). Bennett’s dissent then became the majority rule in Vermont.36 Compared to Now The small number of dissents in the early years, compared to the