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Then why even have a jury, if in such a case, the judge can appoint himself as a finder of fact, and by himself determine if someone is guilty or innocent?
by vkou 3y ago
Then why even have a jury, if in such a case, the judge can appoint himself as a finder of fact, and by himself determine if someone is guilty or innocent?
- chongli 3y agoPerhaps I didn’t make myself clear: The judge cannot set aside a verdict of innocent. If the jury declares you innocent, you are innocent and nothing can change that. The judge can only set aside a verdict of guilty. This is a good thing! It protects people from a bad jury. I don’t know why this seems so surprising. If you’re found guilty you also have the ability to appeal to a higher court. If your conviction is overturned on appeal then what did that mean? The judge at the appeals court overrode the decision of the jury. This is effectively the same thing as the trial judge setting aside a jury verdict, just with more procedure involved.