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Trial question for you legal Monkeys

Ciaran

Fear my banana
Apr 5, 2004
9,841
19
So Cal
With all the M.J. trial stuff going on my co-workers inevitably got into an argument about the whole thing. Since no one knew the answer to a question about procedure I figured I would turn to my online live e-encyclopedia... The Ridemonkeys!

During a trial, if a jury goes in to deliberate and comes back really really quick with a verdict can the judge send them back and make them deliberate longer? (Like say, if there is so much evidence and such to consider that there is no way they could be done in less than 5 days but are done in 4 hours)

Can a judge just overturn a verdict if he feels that the verdict is obviously wrong? (Say a person murdered someone and everyone saw it and he confessed yet the jury still found him not guilty. Is that "Jury Nullification"?)

I think the answer to both questions is no, but I thought I would check with you all and see if someone has a definitive answer.

Thanks!
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
Jury nullification is where the jury comes back and will not convict due to the fact that they feel the law the defendant is being prosecuted on is unjust.

A judge can make a jury deliberate more if they can't agree. For example, if they come out after 10 minutes and say, "We're split, can't decide" the judge will tell them to keep trying. I've never heard of a judge sending them into deliberate longer just because he didn't like the verdict.
 

Austin Bike

Turbo Monkey
Jan 26, 2003
1,558
0
Duh, Austin
Yes, a judge can over-rule a jury - it vaires by state, of course.

It doesn't happen often because the judges don't like to publicity and scrutiny.