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Yes. A jury can ignore the direction of a judge to a certain extent. Juries are free in the United States. Sometimes they decide that a defendant should not pay in a lawsuit. Sometimes in a criminal case they decide to ignore a particular instruction. In a criminal case, a jury can not find a defendant guilty of a crime he has not been charged with. They can ignore the judges instructions and find him not guilty.
Additional Answer:
There are two types of "directions" on jury trials. One is as to the law to be applied to the case. The other is as to findings of facts in a given case.
As to directions on the law to be applied to the case, in both civil and criminal cases,the jury must follow the court's direction. Juries are not familiar with the strict elements of either a tort or crime, so the judge explains them to the jury and the jury is bound to follow them in reaching its decision. The jury's province is in determining the facts. Its verdict is then given after applying the law as explained to them by the court to the facts that they have found. In civil cases, if it is clear that the jury's verdict cannot possibly be correct if the law as explained to them had been applied, the verdict can be reversed on appeal. In criminal cases, it is different, but not because juries are free to disregard a judge's directions. There is no appeal from a mistaken "not guilty" verdict because the Fifth Amendment to the Constitution forbids retrials under the double jeopardy rule.
As to directions on findings of facts, in civil and criminal cases, judges may instruct a jury to find a particular fact, if that fact has been proved as a matter of law. In a civil case, if a jury returns with a finding contrary to the court's direction, the judgment could be reversed on appeal. In a criminal case, however, there is no appeal again because of the double jeopardy rule, not because of freedom to ignore directions.
In civil cases, judges may very well even direct that a jury find in favor of a plaintiff or defendant and the jury is bound to comply or the judgment will be set aside probably by the trial judge himself. In criminal cases, judges are not permitted to direct a finding of "guilty".
Wiki User
∙ 13y ago
Wiki User
∙ 15y agoYes, but only when the judge determines that the jury verdict is entirely irrational. This happens very, very rarely. The judge would issue a judgment nonwithstanding the verdict, or, JNOV.
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What is the antonym of jury?
defer, ignore, not judge
What acts as the judge and jury?
Not surprisingly, a Judge and Jury act as judge and jury.
What is a foreman?
a person of a jury picked by the jury or the judge
What is foreman?
a person of a jury picked by the jury or the judge
What is the role of a judge in a jury trial?
The role of a judge in a jury trial is to see if the suspect get to life or die
What is a bench trial?
A "bench trial" is a case heard by a judge without a jury. In a jury case, the jury decides the facts of the case -- what is true and not true -- and the judge decides the law. In a bench trial, the judge determines the facts and the law.
If grand jury is doing inditement can they reduce the charge?
A grand jury can not reduce a charge. Only the judge can make decisions like that. The grand jury can make suggestions to the judge and the judge can decide for or against it.
Should a jury follow a judges instruction in reaching a verdict in a criminal case?
When a judge gives the jury "instructions," what that means is that the judge is "instructing" the jury on the applicable law or laws which the jury must consider in deliberating their decision. The judge is NOT instructing them on how to rule.
Was there a judge in the middle ages?
lords was the judge and jury whenever a dispute needed to be settled. He was also the judge and jury for dispute between his various vassals.
Is a lawyer judge or jury responsible for interpretation of the law?
Judge
When can you talk about jury service?
After the case is over and the judge has discharged the jury.
How do you use hung jury in a sentence?
We told the judge we were a hung jury.
