decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

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.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Does what the jury did actually matter? | 484 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Does what the jury did actually matter?
Authored by: Anonymous on Wednesday, August 29 2012 @ 11:56 PM EDT
Yes, it matters.
The foreman, and it has to my view been corraborated by his fellow jurors,
disregarded the instructions that outside evidence is NOT to be used in
deliberations of this case.

He's an engineer? fine. He's a patent holder? fine. He uses that to make up his
own mind? fine. He uses that to explain things to the fellow jurors, in effect
guiding them thru the process he went thru and pointing things out from his
experiences? NOT fine. He wasn't cross examined, sworn in as an expert, and it's
patently (see what I did there) unfair to both sides that he did this.

If everyone had said nothing, yeah we'd have never known. However, it HAS come
out, as it often does, in a big way. We'll see what the judge and/or the appeals
courts think of it. It seems to me, as a layman, that he contaminated the jury's
deliberations with outside evidence, maybe not enough to get a retrial, but
that's up to judge koh to decide.

[ Reply to This | Parent | # ]

Imagine you're in dispute with someone who painted your fence
Authored by: Anonymous on Thursday, August 30 2012 @ 09:13 AM EDT

You're the plaintiff. You want your money back because the person only painted one slat of your fence so you believe you have solid legal grounds for a full nullification of the contract you entered and a return of what you paid up front.

The Jury decides to exercise their power of "Jury Nullification". Completely ignoring all currently existing Laws. They decide you improperly brought the case and deserve to be hanged for it.

Question: Given the scenario, will you still feel the Jury did the right thing while you're walking towards the gallows?

The point is: Even with all the power inherent in Jury Nullification - there is still the concept of basic rights and wrongs that need to be applied. There has to be checks and balances in place to stop any great power from being misused. And that includes countering Jury Nullification.

Or would you rather we devolve back into Mob Rules where the only Law applicable is the one that is applied by that mob walking down the streets carrying pitchforks and torches.

RAS

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )