1. Forum
  2. Usenet
  3. MISC.LEGAL.MODERATED

  • In a jury trial with multiple charges, can the judge decide the more co

    From S K@21:1/5 to All on Wed Oct 13 12:20:44 2021
    Classic case: the "minor in possession" charge in the rittenhouse case.

    clearly, no lay jury can make an informed decision, given how poorly written the underlying charges are.

    if the judge simply throws the charge out because it is so complicated - the defendant gets a free ride.

    So - can the judge decide this charge and leave the other charges to the jury?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to All on Wed Oct 13 13:38:56 2021
    "S K" wrote in message news:63e858f9-13da-4fff-8e18-2a1647175fc1n@googlegroups.com...

    Classic case: the "minor in possession" charge in the rittenhouse case.

    clearly, no lay jury can make an informed decision, given how poorly
    written the underlying charges are.

    if the judge simply throws the charge out because it is so complicated -
    the defendant gets a free ride.

    So - can the judge decide this charge and leave the other charges to the >jury?

    Not without consent of the defendant.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to S K on Wed Oct 13 14:11:47 2021
    On 10/13/2021 12:20 PM, S K wrote:
    Classic case: the "minor in possession" charge in the rittenhouse case.

    clearly, no lay jury can make an informed decision, given how poorly written the underlying charges are.

    if the judge simply throws the charge out because it is so complicated - the defendant gets a free ride.

    So - can the judge decide this charge and leave the other charges to the jury?

    The judge can "direct" a not-guilty verdict on one charge and leave the
    others to the jury. The judge CANNOT issue a guilty verdict on his own
    unless the defendant consents to a judge-only trial (on that count, at
    least).

    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From David Spencer@21:1/5 to S K on Wed Oct 13 20:44:28 2021
    S K <skpflex1@gmail.com> writes:

    Classic case: the "minor in possession" charge in the rittenhouse case.

    clearly, no lay jury can make an informed decision, given how poorly written the underlying charges are.

    if the judge simply throws the charge out because it is so complicated - the defendant gets a free ride.

    So - can the judge decide this charge and leave the other charges to the jury?

    Only if it's to throw it out, or the defendant agrees.

    --
    dhs spencer@panix.com

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)