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Judge in a Jury Trial

 
 
gollum
 
Reply Sun 10 May, 2015 03:19 pm
After a jury renders its verdict in a civil or criminal trial, is the judge in that trial permitted to announce what his verdict would have been?
 
Tes yeux noirs
 
  1  
Reply Sun 10 May, 2015 03:51 pm
In which jurisdiction? New Guinea? Siberia? Or somewhere else?
gollum
 
  1  
Reply Sun 10 May, 2015 04:56 pm
@Tes yeux noirs,
Tes yeaux-

United States and New York State.
0 Replies
 
layman
 
  1  
Reply Sun 10 May, 2015 05:05 pm
@gollum,
Quote:
After a jury renders its verdict in a civil or criminal trial, is the judge in that trial permitted to announce what his verdict would have been?


As I understand it, in the U.S. a judge is not merely "permitted," but is in fact required, to disclose that, at least if a motion to set aside the conviction "notwithstanding the verdict" has been made. That would not necessarily say exactly what his judgment would have been in all cases, but if he agrees that the conviction was not justified, he must set it aside.
layman
 
  3  
Reply Sun 10 May, 2015 05:37 pm
@layman,
I guess I add should that it's not just a matter of asking "How would you have decided, Judge?" A judge can't just arbitrarily substitute his personal judgment for that of a jury. However, if the evidence for the verdict is clearly insufficient, if the law has been wrongly applied, or other things like that, he must set it aside (in whole or part).
gollum
 
  0  
Reply Mon 11 May, 2015 09:39 am
@layman,
layman-

Yes, quite so. If Mr. A is charged with the murder of Mr. X and Mr. A testifies that he did not murder Mr. X but Mr. B murdered Mr. X. Mr. B testifies that he did not kill Mr. X but Mr. A murdered Mr. X.

I believe the judge instructs the jury in the law and it is the responsibility of the jury to decide the facts.

The jury may convict Mr. A of murder based on its judgement of the relative credibility of the witnesses. However, the judge may think that Mr. B is guilty.
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