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Should a jury follow a judges instruction in reaching a verdict in a criminal case?
Wiki User
∙ 12y ago
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.
Wiki User
∙ 12y ago
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Can a jury ignore the direction of a judge?
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".
What was the verdict in the abuse trial things fall apart?
The verdict was that man and woman should not fight as husband and wife. The man should offer wine to his relatives and the wife should go back. The man should beat his wife no more.
What is a sentence using the word instruction?
She followed the instruction manual to assemble the bookshelf.
Why should cyber-bullying not be a criminal o?
it should be a criminal offense though.....
Why should cyber bullying not be a criminal o?
it should be a criminal offense though.....
Your ex took pictures of you naked with his camera and now is sending them to people on Facebook What can you do?
You should contact the authorities, and press criminal charges.You should contact the authorities, and press criminal charges.You should contact the authorities, and press criminal charges.You should contact the authorities, and press criminal charges.
What to do if your brother is a criminal?
If your brother is a criminal you should call the police and ask them what to do from there.
Where to go after reaching manestriport city?
we should walk
Should civil and criminal law be combined?
it should not
Where can you get an instruction manual for free?
buy the item. the instruction manual should come with it!
How is the sansa played?
You should take a look at the instruction booklet.
Should a delinquent be called a criminal?
If they have been convicted of a criminal offense, they should be, but in today's "politically climate" they are referred to instead as "respondants."
