Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all,
Vanilla are planning an update to the site on April 24th (next Wednesday). It is a major PHP8 update which is expected to boost performance across the site. The site will be down from 7pm and it is expected to take about an hour to complete. We appreciate your patience during the update.
Thanks all.

Verdict directed by judge

Options
  • 20-05-2021 6:05pm
    #1
    Registered Users Posts: 468 ✭✭


    Can anybody explain when a judge tells a jury to arrive at a particular verdict they then go off to deliberate. But are they only allowed to give the verdict the judge has asked for or can they arrive at their own conclusion? If it’s the latter then what’s the point of jury’s in that case?


Comments

  • Registered Users Posts: 9,381 ✭✭✭Yurt2


    A judge can advise on matters of law, but in common law systems, the jury can deliver whatever verdict they please (save for a guilty verdict that the judge deems 'unsafe').

    A good example of this is the Pairac Nally case. The judge more or less instructed the jury that they may not acquit him as it was obvious a crime of some sort was committed; be it manslaughter or murder. On appeal, Nally's conviction for manslaughter was quashed as the judge's instructions interfered with the sanctity of the jury's decision-making process.

    A jury can decide that yes a crime has occurred according to the law books, but it would be unconscionable to deliver a guilty verdict.


  • Registered Users Posts: 26,056 ✭✭✭✭Peregrinus


    A judge can only ever direct an acquittal. He can do this where, e.g., the prosecution has failed to present evidence proving an essential element of the charge. If there simply isn't evidence on which the jury can properly convict, he can tell them that they must acquit.

    He can't ever give them an unqualified direction to convict. He can say something like "if you are satisified beyond reasonable doubt as to X facts, then you must convict". But it's still for the jury, not the judge, to decide whether the evidence produced does satisfy them as to X facts, so they can acquit.

    What if the jury is satisfied as to X facts, but they want to acquit anyway? Suppose that the evidence proves beyond reasonable doubt that the defendant was in possession of cannabis, but they want to acquit because they don't think it should be a crime to posses cannabis?

    As a matter of practical reality, they can acquit. This is, legally speaking, improper; they take an oath to apply the law, and they are refusing to apply the law, so they are not doing what a jury should do. But there is no sanction or penalty for this because they don't give reasons for their verdict. They just say "we find the defendant not guilty" and, for all anyone knows, this may be because they weren't persuaded by the evidence that he definitely did have the spliff. And there's no appeal against an acquittal in these circumstances, so the defendant will walk free. But it isn't a legal right of the jury to refuse to apply a law that they find unconscionable; it just a matter of practical reality that, as the system is set up, if they do refuse to apply it there is no mechanism for correcting that.


  • Registered Users Posts: 7,993 ✭✭✭joeguevara


    Have a look at the Nally appeal for the best example of a conviction overturned and a new trial order after Justice Carney directed the jury that they could only bring back a verdict of guilty of manslaughter or murder and could not consider the defence of self defence.

    The jury are the only people that can bring back a verdict and even if all of the evidence suggests one avenue they are entitled to choose another. Nally was found not guilty in the retrial. First time I saw this being argued in Court.


Advertisement