An officer got on the stand and lied and got caught in his lie and the judge said it was too far along in the trial to do a mis-trial...An said he would leave it up to the jury....
2006-09-25 15:41:11 · 3 answers · asked by brwn_eyd_grl_86 1 in Politics & Government ➔ Law Enforcement & Police
I wouldn't worry. If a mistrial was called the trial would have to be started over, and who knows what strategy the government would take in a new trial.
With the lie exposed, the jury will have to rely on other evidence. The lie "contaminates" the government's case and will make it hard for the jury to convict.
2006-09-25 15:51:04 · answer #1 · answered by Diane D 5 · 0⤊ 0⤋
Believe it or not, a Judge may do what is called "Setting Aside" the jury's verdict if he or she believes the jury acted outside the law or outside the scope of their responsibilities. Once the Judge "sets aside" the jury's verdict, he or she issues a verdict in the jury's place. It's very rare and is a major point for attorney's to appeal your case on, but it can and has happened in the past.
2006-09-27 01:36:58 · answer #2 · answered by CV59StormVet 5 · 0⤊ 0⤋
a judge never has to do or not do almost anything.
and no he does not ever have to alllow a mistrial, it is always the judges call.
If there was cause for one, then that is normally a automatic reason for an appeal
But since a lie proven by the officer, the defendant should be happy to let the case go on, since that is good for him.
A mistrial only means you start all over again but without the officer being proved to lie,
2006-09-26 05:32:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋