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Warp wrote:
> Darren New <dne### [at] san rr com> wrote:
>> What I was talking about is if the jury refuses to enforce certain laws that
>> are valid laws, because the jury disagrees.
>
> Can't the judge overrule the jury's veredict in some cases? Or is this
> just Hollywood mythology?
Only for innocence, not for guilt.
I.e., the jury can come back and say "he's guilty", and the judge can say
"since no evidence was supplied at all, *I* say he's innocent."
But if the jury says "innocent", that's it, you're done. *And* they don't
get to try again. (Appeals by prosecution notwithstanding.)
In theory, once the first witness is called and asked a question, the trial
has begun and if that jury says you're innocent, you're finished.
In practice, there are multiple jurisdictions with the same laws (so you
might get tried for both state drug laws and federal drug laws for the same
bag of drugs), and an appeal can drag out the process, and a mistrial can
start it over. Stuff like mistrials are rare enough to make the news, tho.
--
Darren New, San Diego CA, USA (PST)
There's no CD like OCD, there's no
CD I knoooow!
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