Page 1 of 2 1 2 LastLast
Results 1 to 10 of 16
  1. #1
    Join Date
    Feb 2010
    Posts
    233

    Default Can a Judge Overturn a Jury Verdict

    My question involves criminal law for the state of: FL

    I thought the juries verdict was sound, I don't mean one wouldn't be able to appeal, but the jury verdict in a case, can a judge overturn a jury verdict for any reason? After reading the Judges statement below to the court, it'd seem this judge id bias as hell, how could one ever get a fair trial there?

    Excert from story:

    " Superior Court Judge Robert Perry raised the unusual prospect that if he does not agree with jury convictions, he has the option to change the verdicts or order a new trial. He said he has done this in other cases."

  2. #2
    Join Date
    Jan 2006
    Posts
    28,300

    Default Re: Can a Judge Overturn a Jury Verdict

    Yes, a judge can set aside a jury's conviction of a defendant and order a new trial or even pronounce the defendant not guilty. He cannot do the opposite though.

  3. #3
    Join Date
    Feb 2010
    Posts
    233

    Default Re: Can a Judge Overturn a Jury Verdict

    Just doesn't seem kosher...lol I dont' mean to be simplistic, why even have a jury then if a judge can overturn them? What would be the reason for a judge to give in overturning a juries' guilty verdict? if he thought something improper, couldn't he just proclaim a mistrial, and start over from the begining?

  4. #4
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Can a Judge Overturn a Jury Verdict

    Quote Quoting NCC 1701
    View Post
    Just doesn't seem kosher...lol I dont' mean to be simplistic, why even have a jury then if a judge can overturn them? What would be the reason for a judge to give in overturning a juries' guilty verdict? if he thought something improper, couldn't he just proclaim a mistrial, and start over from the begining?
    A jury's verdict, either way, is never grounds for to declare a mistrial from the bench.

    A Judgment N.O.V. is a judge vacating a jury's guilty verdict, although the term is more commonly used in a civil trial.

    FL law obviously permits such either on Motion of the defense or Sua sponte.

    "Similar" actions are called Judgment of Aquittal, Directed verdict, Arrest of Judgment.

  5. #5
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Can a Judge Overturn a Jury Verdict

    It is set up because the judge is considered to be an expert in legal matters, where a jury is not. In some instances the case may be presented where the prosecutor fails to make the case according to statute. (The state has to show certain things happened for it to be a crime). The jury may find the person guilty on emotion. The judge then can vacate their finding according to the statute and order a new trial or find the person not guilty. It is in place to prevent the state from using sympathy, pity, anger, etc to influence the juries decision when presented with the evidence. It cannot be used in the reverse though.

  6. #6
    Join Date
    Feb 2010
    Posts
    233

    Default Re: Can a Judge Overturn a Jury Verdict

    I'm trying to get the jist of just how much control and liberty a judge has...that sounds like way more than it should be, on that ground...a judge could over-rule and pronounce ANYONE innocent OR GUILTY

    On a similiar note:

    A judge JAILS an attorney for not saying the Pledge of Allegiance in the courtroom..

    TUPELO, Miss. (AP) — A Mississippi judge ordered an attorney to spend several hours in jail Wednesday after the attorney chose not to recite the Pledge of Allegiance in court. The Northeast Mississippi Daily Journal reported that Chancery Judge Talmadge Littlejohn told a court audience to rise and say the pledge. People in the courtroom said Danny Lampley of Oxford stood but did not say the words.

    Records show Lampley was booked into the Lee County jail at 9:40 a.m. and released about 2:30 p.m. on the judge's orders.


    What is it? When you enter a courtroom, you leave your Civil Rights at the door?

  7. #7
    Join Date
    Jan 2006
    Posts
    28,300

    Default Re: Can a Judge Overturn a Jury Verdict

    a judge cannot rule a defendant guilty if a jury has ruled them not guilty. He can do the opposite though.

    the contempt of court charge is a totally different situation. A judge generally has a wide latitude in the control they have over their court room.

    as to the rest; wait for the second installation of the sage before making a final determination.

  8. #8
    Join Date
    Feb 2010
    Posts
    233

    Default Re: Can a Judge Overturn a Jury Verdict

    ^^^OK, but (hypothetically) a jury comes back with a NG verdict, your saying the judge could call it null for any number of reasons and order a new trial? As for the CoC issue, I can understand a judge does have a lot of say-so in his courtroom, but what if he finds you in CoC for something you're protected under the Constitution for?

  9. #9
    Join Date
    Jan 2006
    Posts
    28,300

    Default Re: Can a Judge Overturn a Jury Verdict

    helloooo!!!

    No. If a jury brings back a not guilty verdict, the judge cannot over rule the verdict. The people have spoken. Additionally, even if a judge could, there would be the problem with double jeopardy.


    and your question concerning CoC is why is made the last statement in the last post. There are limitations to what a judge can do in their court.

  10. #10
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Can a Judge Overturn a Jury Verdict

    The Contempt charge, IMO, is as bogus as a 3 $$ bill.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Trials: Can a Judge Tell Jury They Are the Exclusive Judges of the Facts
    By 7HORSES in forum Criminal Procedure
    Replies: 4
    Last Post: 06-13-2011, 01:37 AM
  2. Replies: 1
    Last Post: 06-11-2011, 11:26 AM
  3. Can a Traffic Court Judge Deny Me a Trial by Jury
    By chaz2000 in forum Traffic Court
    Replies: 2
    Last Post: 03-30-2011, 12:36 PM
  4. Post-Conviction Relief: Judge's Discretion to Overturn a Charge
    By NCC 1701 in forum Criminal Procedure
    Replies: 3
    Last Post: 06-07-2010, 01:15 PM
  5. Replies: 8
    Last Post: 11-02-2008, 08:41 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document