can a verdict of a jury be over turned by the judge
2007-06-20 01:15:17 · 8 answers · asked by patrick 1 in Politics & Government ➔ Law Enforcement & Police
There are several ways for the judge to ignore legally the jury verdict.
1. misconduct of a jury member - a new trial is most likely the outcome with a finding of mistrial.
2. Directed verdict - the court has the discretion, for the service of justice, to ignore the jury verdict if it is so outrageous, and enter a directed verdict.
3. Set aside verdict - most normally in civil trials where damages are awarded and the amount of the damages either does not conform with the state statutes or is so aggregious that equity requires the judge to set aside the award and send the jury back with instructions based on the requirements of law.
2007-06-20 02:19:32 · answer #1 · answered by hexeliebe 6 · 1⤊ 2⤋
Okay, so the following information is what I found on jury decisions. So, basically yes if the defendent files an appeal.
If the verdict is guilty, the defendant may have a right to appeal if error has been committed in court proceedings or in the process of obtaining a conviction. If the verdict is not guilty, the court or the prosecutors cannot overturn the jury’s verdict.
2007-06-20 08:19:58 · answer #2 · answered by michelle7212001 3 · 1⤊ 2⤋
No, It cannot be overturned because in a jury system, it is the jury that decides the case. The judge only provides guidance to the jury on points of law.
2007-06-20 08:28:56 · answer #3 · answered by TT 2 · 0⤊ 3⤋
not usually, theres a choice before the trial.....judge or jury.........
2007-06-20 08:20:19 · answer #4 · answered by DennistheMenace 7 · 0⤊ 3⤋
yes it can but only in an appeal
2007-06-20 08:20:27 · answer #5 · answered by plhudson01 6 · 0⤊ 3⤋
Only on an appeal.
2007-06-20 08:18:16 · answer #6 · answered by Beau R 7 · 1⤊ 4⤋
yes it can, but it is rarely done.
2007-06-20 08:16:59 · answer #7 · answered by JAY O 5 · 1⤊ 1⤋
No...
2007-06-20 08:16:49 · answer #8 · answered by andrew5544 4 · 0⤊ 5⤋