What do you think of a judge who issues a charge to the jury, and then alters it the following day?

Question

With a legal and news background, I am following this horrific story out of Vancouver, where a pig farmer is charged with murdering 6 local prostitutes and is suspected of killing as many as 43 other streetwalkers which - if true - would make him Canada's worst serial killer of all time. The judge in the case has just broadened grounds for a conviction and hopes to avoid a defense motion for a mistrial. Stay tuned... unless you don't give a damn one way or the other.

Answer 1

Did a rather hasty web search and found the text ;
The judge in the Robert Pickton trial says he made an “error” in giving his charge to the jury.

“I have concluded that I was not sufficiently precise, that I was in error with respect to three paragraphs of your charge,” B.C. Supreme Court Justice James Williams told the jury this afternoon, mere hours after he took the unusual step of suspending the jury’s deliberations.

The three paragraphs centred on the judge’s instructions on deciding if Pickton shot and killed three of the six women he is accused of killing.
He read the new paragraphs in for the court record.

“If you find that Mr. Pickton shot Ms. [Sereena] Abotsway or was otherwise an active participant in her killing, you should find that the Crown has proven this element,” Williams said. “On the other hand, if you have a reasonable doubt about whether or not he was an active participant in her killing, you must return a verdict of not guilty.”

Similar paragraph corrections dealt with charges concerning Mona Wilson and Andrea Joesbury.

The original paragraph the jury heard was similar, but left out the passage, “or was otherwise an active participant in her killing.”

The unusual development followed a question from the jury that seemed to cause the court confusion.

The jury had asked, in effect, if it could decide Pickton killed one or more women if it inferred “that the accused acted indirectly.”

At the time, the judge admitted he didn’t understand the question with “complete clarity.”

Williams apologized for his error.

“I regret that I misinformed you. It was inadvertent,” he said.

After its temporary suspension, the jury has begun deliberations again.
I agree with the Judges decision. I would rather see the accused tried properly and without error that could lead to a successful mistrial on an appeal later.
Innocent until proven guilty is a hitch in Magna Carta and later revisions as they are accepted today.
The judge erred and admitted as well as repaired any damages done before they could be used in or on a motion of mistrial.

Answer 2

Your question shows some bias, doesn't it?

The judge answered a question which the jury asked him, that simple. I think you might have misunderstood the Judge's charge to the jury in that he did not, in fact, broaden grounds for a conviction but rather clarified the law on this point.

This is not a big deal and there is already enough drama surrounding this terrible case.

Also, Pickton is, in fact, charged with many other murders besides the 6 currently being considered by the jury. In this trial, the Crown decided to proceed with 6 of the murders with a view to proceeding on the rest of the charges later. (More likely to get a guilty plea on 10 more murders when the person is already doing life for 6.)

I agree with you that this story is horrific - shocking to hear that a human being could be so brutal and viscious and go undetected for so long.

Answer 3

Something must trigger people off when they go on a rampage of murder, sometimes you wonder what happened in their childhood. Being a street walker isn't the top occupation, but people make choices and they have free will, there life is still there life. What about there families they must be devastated, how many other people are effected. He does sound like the worst Canadian serial killer, you wonder how they justify these murders to themselves.

Answer 4

This one? The Pickton trial.
It was all over the news today (I live in BC Canada)

Judge apologizes for instruction snafu
Williams suspends deliberations to clarify three paragraphs
Ethan Baron, The Province
Published: Friday, December 07, 2007
The judge in the Robert Pickton trial suspended jury deliberations and later apologized to jurors yesterday for giving them misleading instructions.
"I was in error with respect to three paragraphs in my

Edit: He is not one of Canada's worse killers, but pretty dam close to Clifford Olson. I for one don't believe he did this act all by his self. (It has been now said," They found 2 other unknowing DNA blood, not to be Pickton's alone. I will always think he had help, because if you knew the surrounding of his farm, and just how many others lived, and partied there, well your mind is left to wonder...
Just my opinion; like I said, I live close by his dwelling's, or what was his families land.

UP DATE- Dec. 09, 2007-
The jury in the Robert Pickton murder trial has found him guilty of second degree murder on all 6 counts.

RIGHT ON!!

Answer 5

well here in the US a charge to the jury is common...
say the defense tries to enter something that was not part of the disclosure then the judge will charge the jury to ignore it goes both ways though... Not an expert mind you just sat as jury member for a few small trials

Answer 6

Maybe he change his mind fearing a mistrial or evidence shows something else that was not taken into consideration that should of. Keep me up on it.

Answer 7

this is just further proof of how corrupt the system really is. There is no such thing as justice in America any longer

Answer 8

I feel sorry for the Judge; I think he has Alzheimer's memory loss disease; that was a fundamental bugger up; facilitating homicide is as criminal as homicide its self, which he finally remembered.