A finding that there is a likely infringement is not the same as a decision that
a jury found something that no reasonable jury could have found.
If your mock
jury found something you said — a sequence of events, a piece of evidence, a theme, a storyline, a conclusion, an argument, or anything presented to them about your case — to be confusing, you need to know.
Not exact matches
I
find myself wondering whether we might not do some justice to the truth of each intuition by requiring at executions a public presence of randomly selected citizens»
something like a
jury.
«This is a
jury of his peers and his peers have
found that he did
something inappropriate.»
I looked for
something similar in the area and
found a
juried group called the Santa Fe Society of Artists.
Reasons included (1) judges «grade on a curve» and, after sitting through 20 cases involving violent crimes, might not
find a more minor crime as serious whereas a
jury would not share this context; (2) defendants will select those judges who they believe will be more inclined to acquit; (3) judges are bound by fixed sentencing rules so rather than sentence a defendant of a nonserious crime to a lengthy term they avoid that dilemma through acquittal; (4) judges might better understand the complex elements of certain corporate crimes and, unlike a
jury, would recognize when the prosecution failed to carry its burden and (5) some judges may just have
something against prosecutors.
I
found early on that if I was willing to dig deep enough to
find out the truth about wrongs being committed and then have the ability and courage to carry that truth to the people who can do
something about it — the
jury — then I can make a positive impact in this world,» says Montevideo.
Of more concern, there is «considerable risk that a direction will have the opposite effect to that intended and serve to entrench rather than overcome stereotypes and myths in the minds of the
jury» (Jennifer Temkin, ««And Always Keep A-hold of Nurse, for Fear of
Finding Something Worse»: Challenging Rape Myths in the Courtroom» (2010) 13 New Criminal Law Review 710 at 720 - 721, 725).
You once said that «med - mal cases are not won or lost on the medicine since you can't teach the
jury something on a Tuesday and ask them to
find for you on a substantial verdict three days later.»
Prosecutors can overcharge defendants safe in the belief they can renew their allegations for judicial reconsideration as long as the
jury finds that the defendant did
something wrong.
There are two concerns here: first, whether or not the Court of Appeal is substituting their opinion when the trial judge, who was present at the trial, decided otherwise and second, whether or not the
jury made their decision based on
something other than provocation, which would make the manslaughter
finding appropriate.