NCJ Number
3300
Date Published
Unknown
Length
0 pages
Annotation
THIS AUDIOTAPE PRESENTS A PANEL DISCUSSION ON THE PROPRIETY OF THE JURY DECIDING (ALBEIT TACITLY) ON QUESTIONS OF LAW AS WELL AS DECIDING GUILT OR INNOCENCE.
Abstract
QUESTIONS CONSIDERED INCLUDE WHETHER THE JURY IS BOUND BY THE JUDGE'S DETERMINATION OF THE LAW, WHETHER DEFENSE COUNSEL MAY ARGUE THE CONTENT OF THE LAW, AND WHETHER THE JURY MAY RELEASE A DEFENDANT WHEN ACCORDING TO THE JUDGE'S INTERPRETATION OF THE LAW TNE DEFENDANT SHOULD BE BOUND OVER. THE PRIMARY ISSUES EVOLVE AROUND WHETHER THE INSTRUCTIONS GIVEN BY THE JUDGE TO THE JURY ARE MERELY THE JUDGE'S OPINION, WHETHER THESE DIRECTIONS MUST BE FOLLOWED, AND WHETHER THEY ARE BINDING. THE LEGAL FRAMEWORK SUBSUMES THAT ALL CITIZENS HAVE A KNOWLEDGE OF THE LAW. SOME HOLD THAT, IN THAT RESPECT, THE JUDGE'S INSTRUCTIONS ARE NOT ONLY REDUNDANT BUT ILLOGICAL. IF THE LAWS ARE SUPPOSED TO COME ULTIMATELY FROM THE PEOPLE, SHOULD NOT THEN THE PEOPLE HAVE THE RIGHT TO NULLIFY A BAD LAW? THE HISTORICAL ROOTS OF JURY POWER ARE DISCUSSED IN THIS CONTEXT. OTHER DISCRETIONARY POWERS, SUCH AS THOSE WIELDED BY POLICE AND PROSECUTORS ARE CITED TO SUPPORT THE VIEW THAT THE JUDGE'S INSTRUCTIONS ARE NOT BINDING....PO