4 ms·
There are two seperate questions: 1) Do the alledged facts meet the legal requirements for the crimes charged? 2) Are the alledged facts true? A trial is foc
by gizmo686 4y ago
There are two seperate questions:
1) Do the alledged facts meet the legal requirements for the crimes charged?
2) Are the alledged facts true?
A trial is focused on question 2. A jury is called on to make a determination of the facts of the case, they will be instructed on what is/isn't illegal and not expected to make any decision regarding questions of law.
Question 1 can be answered in summary judgment before you ever call a jury.
Question 1 can also be answered through the appeals process long after a guilty verdict is given.
- toolz 4y agoA jury can decide if something _should_ be illegal and base their verdict on that. Meaning that the jury is also considering point 1 and whether this specific case should be illegal, regardless of how clear the law is on the subject.