Judge throws book at grammatically challenged juror

And if the judge decides to lie, then jury is supposed to just play along?

That's a big stretch. If a judge wants to sabotage a trial, there are much easier ways of going about it.

So if the legislature passes a law defining a word in a certain manner, the jury is not supposed to consider that? It seems to me that that’s a ridiculous supremacy of the judiciary over the legislature. Why do judges get to tell jurors what a definition of a word is, but the legislature is not allowed to do so, except through a judge?

Its the legislature's responsibility to create the law, its the judiciary's responsibility to interpret the law. If the judiciary continues to circumvent the laws through interpretation, it is the responsibility of the legislature to ammend the law so that it can no longer be misinterpreted. Checks and balances.
 
What aggravates me is there is more than one definition for that word.

Indeed.

What does "aggravated battery" mean?

It could mean "really severe battery," but it could also mean "battery in response to aggravation."

I know it means the former, but someone who doesn't really know that isn't a complete retard.

ETA: It doesn't help that lawmakers like to use words with two opposite meanings, such as "sanction."
 
Being online, who knows for sure what the juror did or saw...

So what ?

Under American Federal & state constitutions jurors are merely required to be "unbiased" -- not ignorant or jailed (..'sequestered') during a trial.

In Anglo-American law "unbiased" always meant that the jurors had no obvious relationship to the principals of a specific trial {e.g., if the defendant or the prosecuting attorney was a prospective juror's cousin, friend, business investor, etc. -- that would be a bias}.
Mere knowledge of circumstances, news reports, and local gossip of an alleged crime was not a 'bias'.

However, widespread corruption in the American judicial system permitted judges & lawyers to greatly expand the concept of juror 'bias' -- in order to subjugate and marginalize the constitutional power of juries in general. The current practice of 'Voir Dire' is absurd -- and an obvious act of jury tampering by lawyers & judges.

There's no valid legal reason why jurors cannot take notes and ask direct questions during a trial (..or access the internet during recesses).

The jury has complete authority to decide guilty/not-guilty, including the validity of any law invoked against a defendant.

The government judge is merely an administrative umpire... though they usually fancy themselves judicial dictators.
 
So if a juror sitting on a trial such as this one, gets access to the internet and discovers a report from somewhere else in the world that says the defendant supposedly did the crime, that is not likely to influence his thinking and decisions? That he won't then take that info back into the jury room? Perhaps even influence other jurors? Even though he is supposed to be considering only the evidence properly produced at this trial?

What happens then if that report on which he based his opinion and possibly decision turns out to be misinformed or even deliberately incorrect?

I don't think this is a matter of being uninformed as it is of being misinformed.
 
The jury has complete authority to decide guilty/not-guilty, including the validity of any law invoked against a defendant.

The government judge is merely an administrative umpire... though they usually fancy themselves judicial dictators.
Can you be more specific about the source of this "complete authority" to decide the validity of laws invoked in a trial?
 
The jury has complete authority to decide guilty/not-guilty, including the validity of any law invoked against a defendant.

That's simply not true.

The division--which goes back hundreds of years--is that jurors decide the *facts*, the judge interprets the *law*.

What's true is that in practice, the jury *can*--though it *may* not--decides to acquit despite the facts being overwhelming towards a guilty verdict if it doesn't like the law. There is no penalty for that.

But almost invariably the result of such "freedom" is not justice, but injustice. It is just this possility that gave us 100 years in the South where no white man would ever be convicted of any crime against a black man because the jury decided that the laws against, say, murder surely are totally invalid when all you did was to kill a ni**er.

One doesn't have to look far to see what happens in legal systems where the "judgement of the people" has the authority to overrule laws it considers invalid. Every single government where such a practice is widespread is a totalitarian dictatorship.
 
What happens then if that report on which he based his opinion and possibly decision turns out to be misinformed or even deliberately incorrect?

I don't think this is a matter of being uninformed as it is of being misinformed.
Misinformed? You mean you can get misinformation on the internet?

Who knew? :eek:

I'm thinking the judge might have other options. Aren't there supposed to be several alternate jurors? She could throw the offending juror off and replace him, couldn't she?
 
Can you be more specific about the source of this "complete authority" to decide the validity of laws invoked in a trial?
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It is not only {the juror's} right, but his duty...to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.

[-- John Adams, 1771]

Jurors should acquit, even against the judge's instruction... if exercising their judgement with discretion and honesty they have a clear conviction that the charge of the court is wrong.

[-- Alexander Hamilton, 1804]

It is usual for the jurors to decide the fact, and to refer the law arising on it to the decision of the judges. But this division of the subject lies with their discretion only. And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact.

[-- Thomas Jefferson, 1782]

It is presumed, that juries are the best judges of facts; it is, on the other hand, presumbable, that the court are the best judges of the law. But still both objects are lawfully, within your {jury} power of decision.

[-- Chief Justice John Jay, 'Georgia v. Brailsford', 1794]


Petty juries, consisting usually of twelve men, attend courts to try matters of fact in civil causes, and to decide both the law and the fact in criminal prosecutions. The decision of a petty jury is called a verdict.

[-- Noah Webster, Dictionary, 1828]

In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction.

[-- Maryland State Constitution]

In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

[-- Indiana State Constitution]


The jury has the power to bring a verdict in the teeth of both the law and the facts.

[-- Justice Oliver Wendell Holmes, 'Horning v. District of Columbia', 1920]


If the jury feels the law is unjust, we recognize the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by a judge, and contrary to the evidence...If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision.

[4th U.S. Circuit Court of Appeals, 'US vs Moylan', 1969]


{The jury has an} unreviewable and irreversible power... to acquit in disregard of the instructions on the law given by the trial judge...The pages of history shine on instances of the jury's exercise of its prerogative to disregard uncontradicted evidence and instructions of the judge; for example, acquittals under the fugitive slave law.

[D.C. Circuit Court of Appeals, 'US vs Dougherty', 1972]
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