IMPORTANT NOTE: You do NOT have to register to read, post, listen or contribute. If you simply wish to remain fully anonymous, you can still contribute.
|
Home Forums |
TOPIC: DLT Jury question...
|
|
Re:DLT Jury question... 11 Years, 5 Months ago
|
|
if they are sure a complainant is telling the truth, must they find guilty, despite the passage of time & total lack of any supporting evidence?
The Judge's answer.... - if the complainant gave accurate and truthful evidence then they should convict.
So 'should', but not 'must' (if the quote is accurate), would this be because of the right of the jury to 'nullification'?
en.wikipedia.org/wiki/Jury_nullification
Jury nullification occurs in a trial when a jury acquits a defendant they believe to be guilty of the charges against them. This may occur when members of the jury disagree with the law the defendant has been charged with breaking, or believe that the law should not be applied in that particular case.
and:
Judges rarely inform juries of their nullification power.
So if the jury doesn't believe the case should have been brought (for whatever reason), they can acquit - even if they do believe the accuser(s) - but they are unlikely to have been told this???
Have I got that right?
|
|
|
Logged
|
|
|
|
|
|
|