Thursday, October 01, 2009

Judicial Mismanagement

In any court case involving a Jury, it is up to the Jury to decide the fate of the accused, or in civil case, if someone is at fault and what their award for damages should be.
The Prosecution/Plaintiff/Defense/Defendant MUST make their case, they must argue and "school" the jury to understanding. If they fail to make their case, or help the Jury understand, they can loose, or the wrong people can win a case.

There should be no way that a Judge can vacate a ruling by a jury and use the excuse,
the jury 'lacked a grasp of the issues before it and reached a finding without a legally sufficient basis'

If the Jury "lacked" something, it was the fault of the actors in the court, and the Jury's standing should hold...if someone fails to do their job, it isn't for the Judge to change the ruling. He might be able to seek a retrial based on some legal aspect, but vacating a judgement because he doesn't think the Jury understood? What if the Jury understood and the Judge did not?
Hmmm, something smells fishy... if I were the defendants, I would ask for an investigation into this issue, into this judge.

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