Obama appointed Judge William Orrick III
Posted on 11/14/2019 9:22:56 AM PST by Morgana
His refusal to recuse himself will lead to a mistrial.
The judge said the jury must accept his rulings
I would think that the state judicial board, or whoever has oversight over judges, would be taking issue with that. Aside from that, I think this would be a fantastic time for jury nullification.
The $5.5 million award to Food Lion was reduced to 1$ per trespass.
-PJ
Every online source I've seen says that a judge cannot issue a directed verdict of guilt to a jury as that would deprive the defendant of their Constitutional rights to a jury trial.
From: Directed Verdict:
n. a verdict by a jury based on the specific direction by a trial judge that they must bring in that verdict because one of the parties has not proved his/her/its case as a matter of law (failed to present credible testimony on some key element of the claim or of the defense). A judge in a criminal case may direct a verdict of acquittal on the basis the prosecution has not proved its case, but the judge may not direct a verdict of guilty, since that would deprive the accused of the constitutional right to a jury trial.
From: What is a Directed Verdict?:
Though this type of verdict may find a suspected criminal not guilty, it cannot find a defendant guilty. Federal law in the United States gives suspected criminals the right to face a jury of their peers.
I think he may have just opened it up for a retrial to be granted with those instructions.
The Judge ORDERS the Jury to find someone guilty?
I’m no lawyer, but I didn’t think the system worked that way.
I thought the Judge was supposed to remain impartial till the very end. Maybe that’s just on television.
“It is getting increasingly harder to be friends with any Democrat. They will still vote for Democrats even if babies are born alive and put on the side to die. How do you be friends with someone like that?”
Most Democrats I know are immune to facts and truth and reality, but open to fantasy. And they typically care ZERO about the US Constitution. It is a bit different for blue collar folks whose focus is frequently on kitchen table issues and not identity politics. But the identity politics, baby killing and desire to render us defenseless now dominate the D party everywhere it seems. How many honest, moderate federal Democrats are there? Maybe one or two in Congress? Trump drove many to reveal themselves, by effectively calling bluffs, just as Dubya gave cover to the libs.
He’s not issuing a directed verdict.
He has convicted them and is asking the jury to decide the punishment/liability amount. That’s what this amounts to.
that is by definition a kangaroo court
The judge has made it ridiculously easy for an appeals court to vacate any conviction.
This is why, whenever I am called for Jury duty, I tell the judge that I will not promise to follow the jury instructions or any directive from the bench. I then point to some cases such as this where following jury instructions will result in injustice or that will violate my conscience.
So far I’ve never been put on a jury.
....and the (R)N(C) will hit on their thumbs instead of impeaching, removing & pushing to disbar this POS ‘judge’
“What the hell does the judge need a jury if he decides guilt or innocence by fiat.”
It’s called a “directed verdict,” and it’s actually a thing.
Can you explain the difference for us non-lawyer types?
There really are conscience issues. Definitely in this case, but what I don’t understand is the judge having the authority to order a jury to find someone guilty.
Is that even legal?
And what happens if the jury or a juror says No? Does he throw them in jail?
If a judge ordered me to find somebody guilty, I would absolutely vote not guilty. I don’t care if the defendant is John Gotti. I’d hang that jury and they go have another trial with a different judge. I’d also complain about that judge through every channel I could including the 6 o’clock news. He clearly shouldn’t be a judge anymore. If he’s elected, I’d be out actively campaigning against him. What a cement-head.
No problem. I’d dare him to do it. I’d have no problem taking a few hundred grand out of that local government and getting him thrown out of his judgeship. Contempt of court for not putting forward the verdict that he wants? Yeah, good luck with that! That judge needs a medical exam and drug test.
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