• egerlach
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    7 hours ago

    Technically, you’re correct. In this particular case though, I don’t think it’s the best kind of correct.

    Juries are the triers of fact when present. In a civil case, that means the judge can ask all kinds of nuanced questions in the jury instructions, as that could be necessary for the judge’s application of the law later down the line.

    In the US criminal justice system, the laws are meant to be interpretable by the common person (a lot of work being done by “meant-to-be”). A judge only asks them a single question: For the charge X, how do you find? Since juries do not need to justify their decision, they can use whatever reasoning they want to behind closed doors to reach their decision: facts, ethics, or flipping a coin. The lawyers use voir-dire to try to exclude jurors that would be too biased, or would be willing to use a coin flip (juries almost universally take their job seriously—they hold the freedom of someone in their hands.)

    As mentioned elsewhere, an acquittal by a jury in the US is non-reviewable. It doesn’t matter why they acquit. Convictions, OTOH, are reviewable, and judges have famously thrown out guilty verdicts from juries before.

    • fine_sandy_bottom@discuss.tchncs.de
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      6 hours ago

      It’s not a question of can, but ought.

      Ought a jury just make up the law based on the vibe of the case?

      How would you feel if it were Trump on trial for whatever crime and the Jury just decided that although the evidence says he’s guilty as sin it just didn’t feel right to convict such an important person.