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Question about Law

blackribbon

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A judge may only throw out guilty verdicts. He may never overrule a jury that acquits a defendant and then himself declare the defendant guilty. ... Alternatively, a judge can throw out a verdict for any mistake or malfeasance that might prompt a higher court to overturn it.

How could a judge throw out the verdict in the dog-mauling case?
 
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Tolworth John

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The function of a jury is to pronounce guilty or not guilty. if they cannot come to a conclusion they can seek help/advice from the judge but still have to come to a verdict or admit they cannot. Sometime a majority verdict is accepted.

They don't make statements about the law.
 
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eleos1954

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Can a judge disagree with the jury if the judge felt the jury was unfair in it's verdict?

I don't know if you know the answer to this but I am just curious.

Although the judge has the power to overturn a guilty verdict (can not overturn a innocent verdict) by the jury, this power is not completely discretionary on the part of the judge. This prevents a judge from overturning a verdict simply based off of feelings or emotions. Fair trial is meant to be given and the judges must do their very best to take all things into consideration and come to a conclusion based on evidence, not feelings.

In order to overturn the verdict, the judge must look at all of the evidence presented in the light most favorable to the prosecution. If this evidence fails to clearly establish guilt, the judge must and will grant the judgment to overturn the verdict.

In these cases usually a motion is made for a new trial.
 
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