QUESTION

Can a judge overrule a jury?

Asked on Mar 11th, 2013 on Criminal Law - California
More details to this question:
Is this possible and has it ever occurred? I feel like the jury for my son's case was extremely biased and possibly even racist towards my son.
Report Abuse

6 ANSWERS

Michael J. Breczinski
A judge can set aside a jury verdict but the judge has to have solid legal grounds to do so.
Answered on Mar 12th, 2013 at 2:13 PM

Report Abuse
Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
Update Your Profile
The trial judge does not have authority to overturn a jurys verdict. If they did, then the whole jury process would be rather meaningless if the judge could just insert his own verdict in the end anyway. If you believe that were problems in your son's case or a problem with the jury, retain an appellate attorney to review the trial transcripts for any issues that could be appealed. What makes you think they were biased against your son or racist anyway since the jury doesnt really talk or say anything during the trial? Just because they reached a decision that you didnt like doesnt make them racist or biased.
Answered on Mar 12th, 2013 at 2:12 PM

Report Abuse
John J. Carney
The judge will be asked to set aside the verdict but that almost never happens. I doubt that it has anything to do with race, it has to do with the jury finding that he was guilty beyond a reasonable doubt. The relatives always see the evidence through different eyes and every son lies to his mother and every mother believes him. They could be innocent sometimes, but I do not know any of the facts of your case, I only know that it is likely that you are not impartial or able to judge such matters in an unbiased fashion.
Answered on Mar 12th, 2013 at 2:11 PM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
A judge can overrule a jury, but it does not happen very often.
Answered on Mar 12th, 2013 at 2:11 PM

Report Abuse
Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
1 Award
A judge can overrule a guilty verdict and replace it with a not guilty verdict, but a judge cannot overrule a not guilty verdict and replace it with a guilty verdict.
Answered on Mar 11th, 2013 at 1:22 PM

Report Abuse
Yes, but dont hold your breath on it happening.
Answered on Mar 11th, 2013 at 1:22 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters