#DEADLOCK JURY PROFESSIONAL#
It seems intuitive that judges hold a professional obligation to decide cases properly before them.
The aim of this essay is to defend that claim. But all this presumes that jurors face an obligation which mirrors these jury instructions. There may indeed be an imperative for legal systems without such recourse to implement one, as jurors may not always know the duties incumbent upon them in the exercise of their authority. They serve an important function in informing jurors of their moral position. But I argue there is nothing objectionable about such instructions because they simply track the obligations already held by jurors. At best they are treated as a sort of necessary evil, which must only be used in extraordinary cases. These instructions are often criticised as an impermissible judicial intervention infringing on jury autonomy.
The United States has the Allen charge, which informs jurors of a duty to agree upon a verdict, if possible. In England there is the Watson direction, which refers to a collective obligation to return a verdict. To that end judges sometimes intervene if deadlock seems likely. Mistrials are often treated as a sort of failure which ought to be avoided. An inability to do so results in a mistrial. One such procedure is a voting rule: most require either unanimity or supermajority to deliver a verdict. Because a jury consists of a group of individual jurors, they need a decision-making procedure before it may act. Many legal systems have juries decide cases of an especially grave nature. Written by University of Oxford student Angelo Ryu The charges against Robert Blagojevich stem from the final months of 2008 after he took over as head of his brother's campaign fund, Friends of Blagojevich, and allegedly helped his brother extort campaign contributions in exchange for official actions by the governor.This essay was the runner up in the undergraduate category of the 5th Annual Oxford Uehiro Prize in Practical Ethics Senate seat vacated by Barack Obama with his election as president in 2008. The charges against the former governor range from an attempted shakedown of then-U.S. His older brother, Robert, faces four counts of wire fraud, conspiracy, attempted extortion and bribery. That’s the way it is.”Rod Blagojevich faces two dozen corruption charges ranging from racketeering and wire fraud to attempted extortion and bribery. “It isn’t so much an order as a request,” Adam said. Sam Adam Sr., one of the former governor’s lawyers, said the judge asked the defense and prosecution not to talk to reporters about the latest development in the trial. Robert Blagojevich said he had been instructed by his lawyers to return to the courthouse tomorrow. “I have no way to make any kind of judgment on anything,” he told reporters before leaving the courthouse. His brother said he didn’t know whether it was good or bad news that the jury is deadlocked on some counts. The former governor kissed one woman supporter and thanked the crowd but left the courthouse without comment. "I assume they are hung on my client but I don't know," he added. On his way out of the courthouse, attorney Michael Ettinger, who represents Robert Blagojevich, said the jury's note was "vague" and left many questions. Attorneys in the case are scheduled to be back to the courthouse at 11 a.m. He said the jury has been "exceptionally disciplined" and quiet as it has deliberated. "It is also permissible for a jury to return a verdict with unanimity on some counts and have an inability to reach a unanimous decision on other counts," Zagel said he would tell the jury. Zagel said in court that he needs further clarification from the jury before deciding the next step. “What is the next logical step?” the jury asked in its note.
0 kommentar(er)
