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...
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