Beena wrote:Doesn't the judge give his verdict after the Jury's decision? I would have asked the Jury why they reached the decision they did and if they did not have a reasonable answer for the UNJUST and IDIOTIC decision they arrived at, I would have had them removed before I gave my verdict!
Nope, judges do not give verdicts; juries do. The jury's decision
is the verdict.
...
flyboy804 wrote:For those not familiar with the U.S. Court system, one of Jespah's statements might be misinterpreted concerning double jeopardy. If the jury can not reach a verdict (hung jury) there can be a new trial if the prosecutor so chooses.
Thanks for clarifying. You're right, of course.
Beena wrote:jespah,
Oh! Me gosh! I know what you mean. to get another Jury, the trial would have to proceed again and since that cannot be so, so looking at the foolish decision made by the Jury, I would discount their decision on the basis that it had no ground and give the verdict myself. It may not be the perfect decision but it would still be right to a point.
This is still not how it works. There are cases tried by judges but if a jury trial has been requested (by the defense, plus there are a lot of situations wherein a jury trial is granted automatically), the judge can't suddenly decide to rule from the bench.
...
Beena wrote:jespah,
And no I would not keep picking Jurys until one made a decision I liked. For the same reason I don't have to accept some foolish decision made by the Jury either. By the way, doesn't the Judge keep track during the trial as to which way and how and why the Jury's thinking is going? I'm pretty sure that before midway during this trial I'd have figured that no Jury is better than this Jury or another should be called for and so before the verdict, the decision made would be just I guess.
Yes, you do have to accept the jury's decision if a criminal defendant is acquitted. Sorry if you don't like it, but that's how rights are protected in the US. The prosecution cannot appeal if they don't get a conviction.
No, the judge does not keep track of how the jury is thinking during the course of the case. The judge has many other things to do while the case is going on, including any number of matters that are determined outside the jury's view, such as inspecting evidence
in camera. No one takes a poll of the jury until the verdict is rendered, and even then that is not a requirement.
This is how the US justice system works. Like the decision or hate it, such is life. Bad decisions are sometimes made by juries. American citizens who don't like the way juries make decisions can do two things about it: (1) they can lobby to have laws changed (which will not affect any cases already decided) or (2) they can make sure, when they are next called for jury duty, to get on a jury, so that they can make a decision in at least one case.
But that's it. That's how this works.