Can a jury go against a judge's direction?

Watch
WarriorInAWig
Badges: 15
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#1
Report Thread starter 7 years ago
#1
If a judge directs the jury to find a defendent guilty/not guilty, can the jury disagree and do the opposite? This is off the back of the William Roache trial in progress at Preston.
0
reply
tehforum
Badges: 20
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#2
Report 7 years ago
#2
I would have thought so, that's the purpose of the jury.
0
reply
0zzy94
Badges: 16
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#3
Report 7 years ago
#3
I wasn't aware a judge could direct a jury like that, if he could whats the point of a jury.

In cases where there is a jury, I thought the judge would just help them establish facts and legal principles. A framework for them to make a decision in, the decision itself is theirs and theirs alone.
0
reply
WarriorInAWig
Badges: 15
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#4
Report Thread starter 7 years ago
#4
Me too, it's just that the BBC reported that William Roache has had one charge against him dropped due to the judge directing the jury to find him not guilty but it made me think is this a certainty or not? Is there any case law in this area?
0
reply
cliffg
Badges: 7
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#5
Report 7 years ago
#5
(Original post by WarriorInAWig)
If a judge directs the jury to find a defendent guilty/not guilty, can the jury disagree and do the opposite? This is off the back of the William Roache trial in progress at Preston.
See R v Ponting [1985].
0
reply
Old_Simon
Badges: 12
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#6
Report 7 years ago
#6
This is well known law.

First of all guilty and not guilty are different processes.

A judge can not direct a guilty verdict.

A judge may find that as a matter of law the charge has failed (for a number of reasons.). The judge strictly speaking has no personal power then so he simply directs the jury to find the defendant not guilty on that charge.
0
reply
WarriorInAWig
Badges: 15
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#7
Report Thread starter 7 years ago
#7
Haha, that was very quick! Thanks.
0
reply
Old_Simon
Badges: 12
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#8
Report 7 years ago
#8
Further info:

If in his summing up the judge strongly hints to the jury that they should find him guilty (judges are very skilled at doing this without being too obvious) the jury can simply ignore him if they think injustice will result regardless of the evidence. A not guilty verdict by a jury can not be over turned on appeal. Ponting is the classic case. (a whistle blower).
0
reply
nulli tertius
Badges: 21
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#9
Report 7 years ago
#9
(Original post by WarriorInAWig)
If a judge directs the jury to find a defendent guilty/not guilty, can the jury disagree and do the opposite? This is off the back of the William Roache trial in progress at Preston.
Name:  Bushel-Case-plaque.jpg
Views: 528
Size:  20.3 KB
1
reply
Old_Simon
Badges: 12
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#10
Report 7 years ago
#10
(Original post by nulli tertius)
Name:  Bushel-Case-plaque.jpg
Views: 528
Size:  20.3 KB
This is why jury trial is so important.
0
reply
WarriorInAWig
Badges: 15
Rep:
? You'll earn badges for being active around the site. Rep gems come when your posts are rated by other community members.
#11
Report Thread starter 7 years ago
#11
I'm no law student if anyone wondered. Just thought this was the better subforum than Current Affairs. Your knowledge impresses me no end. Can you be my counsel if I need you in court?
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

When did you submit your Ucas application if you applied to go to university this year?

September 2021 (7)
5.93%
October 2021 (60)
50.85%
November 2021 (11)
9.32%
December 2021 (19)
16.1%
January 2021 (10)
8.47%
I still haven't submitted it yet! (8)
6.78%
Something else (3)
2.54%

Watched Threads

View All
Latest
My Feed