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Clearly the jury did not follow the law... | 871 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Clearly the jury did not follow the law...
Authored by: Anonymous on Sunday, August 26 2012 @ 01:25 AM EDT
"Juries actually don't have to follow the law. Although this
usually applies in criminal cases where the situation is
reversed in that a jury will refuse to convict even though
the defendant broke the law. This is called Jury
Nullification when they refuse to convict because the law
itself is unjust.

I'm not sure what to call it when a jury goes the other way.
It certainly isn't nullification, although the jury decision
might be nullified in this case."

-------------------------
When the jury gets caught doing it, it's called a mistrial.

[ Reply to This | Parent | # ]

Clearly the jury did not follow the law...
Authored by: dio gratia on Sunday, August 26 2012 @ 07:22 AM EDT

You can imagine Samsung is likely to use public statements made subsequently by any juror enjoying his 15 minutes of fame giving interviews and being popular in social media, questioning the integrity of jury deliberations in their own defense and bringing those statements to the notice of the court.

Jurors take an oath that binds them to follow the rule of law as explained by the court - those pesky jury instructions, which also reference the oath and were read to the juror.

In the 9th District, model civil jury instructions:

Ladies and gentlemen: You are now the jury in this case. It is my duty to instruct you on the law. These instructions are preliminary instructions to help you understand the principles that apply to civil trials and to help you understand the evidence as you listen to it. You will be allowed to keep this set throughout the trial to which to refer. This set of instructions is not to be taken home and must remain in the jury room when you leave in the evenings. At the end of the trial, I will give you a final set of instructions. It is the final set of instructions which will govern your deliberations.

You must not infer from these instructions or from anything I may say or do as indicating that I have an opinion regarding the evidence or what your verdict should be.

It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. And you must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy. That means that you must decide the case solely on the evidence before you. You will recall that you took an oath to do so.

In following my instructions, you must follow all of them and not single out some and ignore others; they are all important.

On the other hand what we see in the media isn't necessarily the whole or accurate truth.

[ Reply to This | Parent | # ]

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