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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Much better instructions, I would say. | 871 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Much better instructions, I would say.
Authored by: Anonymous on Sunday, August 26 2012 @ 01:51 PM EDT
The beauty of the information age is that now a lot of people will know the
issue. Even if Koh doesn't do a thing the situation is exposed.

[ Reply to This | Parent | # ]

The hole in the jury instructions
Authored by: SpaceLifeForm on Sunday, August 26 2012 @ 05:36 PM EDT
To those facts you will apply the law as I give it to you.

The problem that can occur is that the judge is not honest.

Especially in the situation of omission.

---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | Parent | # ]

Clearly the jury did not follow the law...
Authored by: Anonymous on Sunday, August 26 2012 @ 08:40 PM EDT
"You must follow the law as I give it to you whether you agree with it or
not"

Half-accurate. The fact is that if the judge gives the jury inaccurate
instructions about the law in a criminal case, the jury is absolutely allowed
and required to use the correct version of the law in their deliberations.

Just because the judge can answer "questions of law" doesn't mean he
is allowed to order the jury to misinterpret the law, because the jurors have an
*independent* duty to follow the law.

I believe the jury is allowed to read a copy of the relevant law.

[ Reply to This | Parent | # ]

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