That isn't how a jury trial works.I want a not guilty. Not a hung jury. I wonder if the FBI would talk to the judge about entering a not guilty plea on her behalf if she gets to talk to the FBI?
I can only see a possible reason for appeal if the FBI successfully convicts any of the main players in this case, not them being able to plug a not guilty verdict on her behalf.That isn't how a jury trial works.
That isn't how a jury trial works.
Well, something is going on.
Well, something is going on.
That's not quite what you asked though.A judge can overrule a juries decision, it's extremely rare, but it can be done.
Can a Judge Overrule a Jury: Exploring Judicial Authority
Explore the legal proceedings of a judge and jury. Learn when and how a judge can overrule a jury's verdict based on evidence, representation, and more.www.legalscoops.com
...In legal proceedings, the roles of a judge and a jury are distinct yet complementary. Judges oversee cases, make rulings on legal matters, and instruct juries on the law while juries listen to the evidence and deliberate to reach a verdict. But what happens when a judge disagrees with a jury’s decision? Can a judge overrule a jury?
While the jury’s verdict carries significant weight, there are certain circumstances when a judge can overrule their decision, such as when the judge believes the verdict does not align with the evidence presented in court. The power of a judge to overrule a jury needs to be exercised cautiously, as it can affect not only the outcome of a specific case but also perceptions of the justice system’s integrity....
That's not quite what you asked though.
I'm pretty sure this particular judge would not because these are the parameters for it to happenA judge can overrule a juries decision, it's extremely rare, but it can be done.
Can a Judge Overrule a Jury: Exploring Judicial Authority
Explore the legal proceedings of a judge and jury. Learn when and how a judge can overrule a jury's verdict based on evidence, representation, and more.www.legalscoops.com
...In legal proceedings, the roles of a judge and a jury are distinct yet complementary. Judges oversee cases, make rulings on legal matters, and instruct juries on the law while juries listen to the evidence and deliberate to reach a verdict. But what happens when a judge disagrees with a jury’s decision? Can a judge overrule a jury?
While the jury’s verdict carries significant weight, there are certain circumstances when a judge can overrule their decision, such as when the judge believes the verdict does not align with the evidence presented in court. The power of a judge to overrule a jury needs to be exercised cautiously, as it can affect not only the outcome of a specific case but also perceptions of the justice system’s integrity....
I'm pretty sure this particular judge would not because these are the parameters for it to happen
Can a judge overturn a jury verdict? Is this different for guilty vs not guilty?
Answer (1 of 12): No judge in any state or federal court can overturn a “not guilty” verdict due to the Double Jeopardy Clause set out in the Fifth Amendment to the U.S. Constitution. No person can “be subject for the same offense to be twice put in jeopardy of life or limb”…. A verdict of “not ...www.quora.com
If the verdict is clearly unreasonable, the defence can ask for a “judgment notwithstanding verdict”.
The burden is very high. The judge must be convinced that no reasonable jury would have convicted the defendant on the evidence presented at trial.
All they need to do is work backwards to work out what her BAC was at the time she dropped him off. Did they do that? The body gets rid of approx one drink per hour so her BAC would have been at least 8 drinks higher at 1 am, for example.And that's all they proved is that she had alcohol in her system at 9am.
That in no way works if she drank later though. It's very possible (but not very likely) she wasn't drunk at all at midnight. She very well could have drank at 5am for all we know.All they need to do is work backwards to work out what her BAC was at the time she dropped him off. Did they do that? The body gets rid of approx one drink per hour so her BAC would have been at least 8 drinks higher at 1 am, for example.
I added to my post based on what Kdg stated. That assumed she had not drunk from 12:30 till 9 am when the BAC was taken. Presumably they asked her when they took the sample.That in no way works if she drank later though. It's very possible (but not very likely) she wasn't drunk at all at midnight. She very well could have drank at 5am for all we know.
We were not given any info if they asked her or not that I am aware of. We could also presume that they wouldn't alter a video and that they would know the process of evidence procurement, but here we are. We can't presume they did anything in this case.I added to my post based on what Kdg stated. That assumed she had not drunk from 12:30 till 9 am when the BAC was taken. Presumably they asked her when they took the sample.
It is normal to ask when the last drink was consumed when taking a blood sample for testing purposes otherwise it would be pointless to take the sample. These are standard procedures re driving under the influence.We were not given any info if they asked her or not that I am aware of. We could also presume that they wouldn't alter a video and that they would know the process of evidence procurement, but here we are. We can't presume they did anything in this case.