eck@panix.uucp (Mark Eckenwiler) (05/04/91)
In article <1991May3.043935.25738@eecs.nwu.edu> ptownson@eecs.nwu.edu (Patrick A. Townson) writes: > >In article <1991May2.202641.3154@mailer.cc.fsu.edu> >otto@fsu1.cc.fsu.edu writes: >> >>There's one place left. In the jury box, you can acquit no matter what >>the judge may desire...John G. Otto jgo@fsu.bitnet jgo@rai.cc.fsu.edu > > >Not true. The judge can overrule the jury, and/or dismiss the jury and >declare a mis-trial, etc. Not long ag here, a jury was hung, 8-4 on >the guilt or innocence of a defendant. The judge told the 4 who were >holding out for a verdict of innocene to 'reconsider' their opinion. >He did not tell the 8 who were hold out for a verdict of guilty that >that they had to reconsider anything. The judge CANNOT overrule a jury verdict of acquittal. Period. She CAN overrule a guilty verdict based on insufficient evidence. In addition, a judge may not urge only part of a hung jury to reconsider. In administering the so-called "Allen charge," the judge must not urge the adoption of one side or the other; anything else is automatic grounds for reversal in the event of conviction. -- Sold by weight, not by volume. Some settling of contents may have occurred during shipment and handling. Mark Eckenwiler eck@panix.uucp ...!cmcl2!panix!eck