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Bet You Didn't Know Judges Can Ignore A Jury's Verdict!
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- čas přidán 10. 12. 2022
- Bet You Didn't Know Judges Can Ignore A Jury's Verdict! Subscribe to @LawByMike for more tips!
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DISCLAIMER (Of course, I'd have one 😁)
Hey, you might think that this info makes me your lawyer, but it doesn’t and I’m not. Sorry, but I AM NOT YOUR LAWYER unless we have an engagement agreement. I am just providing public information here, like a library does, and am not providing you with legal advice about your situation. So, it would be totally unreasonable for you to conclude we have an attorney-client relationship just because you're viewing this information.
Dang so I could’ve been paying off 1 judge instead of 12 jurors this whole time huh
Thanks law by mike you just saved me a lot of money in the future
Ok so, you didn't watched the whole short!!!!!
Joke flew right over your head buddy
Judge still needs evidence tho to make you innocent
@@germanfisch simple get someone to bribe the jury then get the judge to prevent evidence the jury was bribed
how are people not understanding that this comment is just a joke? It's there for a quick chuckle, you guys don't need to let it get to your head and go "But it needs alot of evidence and the jury has to be stupid!!"
“Don’t expect this to save you”
*corrupt judges enter chat*
Money talks
POV: your a government with a lot of money and committed a crime
the American government investigating itself back in the 80's: *We have decided the president Ronald Reagan is not guilty for funding terrorists and a inhumane dictatorship*
U better call Saul
Lawyers:Hahahaha
Jury Nullification still needs a video.
He doesn’t have the guts to mention it and risk losing his legal license. 😂
He said it already. Judge cannot overturn a “not guilty” verdict from jury. The vice-verse doesn’t work.
Shhhhhh 😆
@Japan Panda because of the constitution. A verdict should only be able to be overturned if doing so is favorable to the defendant. That’s a core principle that the country was founded upon
Not to mention it would have the propensity to further increase corrupt and lead to more innocent people going to prison. Do we really want that?
@@japanpanda2179 did you just ask why its illegal to send someone to jail even if the jury know they didn't commit it
To be clear, a judge can NEVER overturn a not guilty verdict in a criminal case. It doesn't matter "if the trial was fair."
No but he can render a mistrial if he suspects jury tampering or that the jury is unduly biased such as when a jury votes not guilty when the person is on camera commiting the murder but they still wont convict them based on political beliefs, instead of what the law says.
@@gamergodofjustice
That is absolutely not true. If the jury acquits, the matter is over.
@@MrVedude you are wrong.
@@gamergodofjustice
Yes it is. Look at the 5th amendment's Double Jeopardy clause. SCOTUS answered this question in Evans v. Michigan. If a judge or jury acquits a defendant in error, the defendant still cannot be tried again
@@MrVedude if the jury is bribed or intentionally votes not guilty for political reasons or there is misconduct among the jury it's not double jeopardy the jury verdict is thrown out as a mistrial and the case is retried by an untampered jury.
A judge cannot "Find them innocent" they are innocent until proved guilty. The judge can find them NOT GUILTY.
Same thing
@@user-bo9qz2yr3w no not even remotely close
@@user-bo9qz2yr3w assuming someone's guilty before Fair trial forms a bias it's the whole reason why the term innocent until proven guilty has been written into the law. For thousands of years innocent people have gone to jail or been punished for crimes they didnt commit just because everyone thought they were guilty before the trial started.
@@SuperJhon360 why does that matter that does stop the fact that if you're innocent you're not guilty and if you're not guilty you're innocent
@@TylerMarkRichardsonThere is a difference though, if you are innocent, you are innocent period. If you are not guilty, you are not automatically innocent, you might HAVE commited the crime but the evidence against you was not enough to convict you.
You can think of a judge overturning your conviction because of a bad jury like a presidential veto on a law.
It practically never happens and only exists for the worst case
I like how this will never be relevant to me yet I still watch every video all the way through
You never know man
You never know when you accidentally plan to murder very important politicians, then attempt to escape to Slovenia. Accidents happen, man
Knock on wood
The chance of our being relevant is low, but ours importance if it is, is high
That's what they all say
Judges do frequently lower punitive damages based on statutory caps as well.
A Judge cannot overrule a 'Not Guilty' verdict and declare you 'Guilty'
I had a professor tell us once that juries still have the power decide law and that nobody wants you to know that. For example, if someone technically committed a crime but you believe that it shouldn’t be a crime then you can vote them innocent even though they would be guilty of the “crime”. This was prominent during prohibition when people were tried for alcohol, many times they would be found innocent despite breaking the law.
Isn’t that called jury nullification?
These are food for if i ever go to America
You can come here and tour just don’t stay.😂
@@Lil_cinnomanroll yeah I don't think anyone wants to go to the USA in Europe outside of vacations
@@KeanuCheems Are you sure? One of my former professors moved to the USA from France.
@@KeanuCheems I mean I live in America and certainly wouldn't want to move to a country like the UK where I'd get paid less than half for what I do. I'm not making a generalization either, that's the difference in the average salaries in my field. Really, other than universal healthcare I don't see a strong appeal of moving
This is so weird, you're way more chill in these older videos lol
That transition was SMOOTH
They should try paying Jurors a decent amount of money,
They aren't supposed to be employees, they are literally people chosen at random
Oh yes The JNOV that's also sometimes represented in TV shows
Ok but the hammer and the foot transition was so smooth dude!
I swear to God you have some of the cleanest transitions
Imagine getting called to jury just to have the judge overrule you like wtf did I go there for then?
I was always under the impression that a judge already had made their decision long before the trial began
your videos are very Better Call Saul pilled. idk why I cant stop watching
Next do one on nullification!
A judge can also ignore a plea deal that was agreed on by both sides
I like that jury nullification is incontrovertible for innocence but a judge can pull a guilty verdict back to innocent. That’s commitment to the value of innocence until proven guilty.
I saw this happen once back in the late 1980’s. Postpartum psychosis wasn’t really understood or even known in the US and the judge who had read about it overturned the conviction of a woman who had been convicted in the death of her daughter. The defense hadn’t even heard of postpartum psychosis and never mentioned it in the trial. The prosecution appealed but I don’t remember the final outcome.
Judge Judy pic in background 👏
imagine putting the fate of your life in the hands of 12 random idiots taken off the street. its crazy this is the system we have
It's not entirely in their hands. The 12 jurors can set you free, but they cannot guarantee that you will go to prison if they convict. A not guilty verdict is legally binding, a guilty verdict is a recommendation. The judge decides what that guilty verdict will mean for you, and a judge can overrule a guilty verdict if they think the jury convicted an innocent person.
It's rare that it happens for a judge to overrule a guilty verdict. It also won't mean the defendant goes free. It could also mean another trial.
The judge Judy picture 😂
Me as a non native english speaker trying to figure out the difference between a jury and a judge:
Judge = 1 person. They are a legal/law professional (studied law for years)
Jury = 12 people. They are random people in society with no legal background
@@Zxv975 oh thank you very much
@@evolnizark4712and a jury usually has no ties to the person in court but I’m not sure
@@Healthandwealth9422 It depends on the connection. During a jury duty selection I was at, one of the chosen jurors realized they had been a school counselor for the plaintiff years ago. The judge's initial remark was 'it is a jury of your peers and we are in a small county so it's not unusual or wrong to know either party'.
That would have been enough except one lawyer pointed out that the juror directly addressed the plaintiff (a no-no) by his first name and said the fact that they felt confortable enough to do that was grounds for potential bias and the judge agreed and dismissed them.
@@Healthandwealth9422 no ties and I think a variety that try to represent them. So a black person won't get an all white jury and vice versa. More of mix of people, but I'm also not sure about that
He's got a photo of judge Judy, I respect that.
If a Defendant can prove Due Process Violation the Guilty verdicate can be thrown out!
I've noticed that there is a picture of Judge Judy placed onto the top fireplace. Any relationship? Or a "props" for the topic?
Very nice looping on this one
And it's sad they can't overturn a not guilty sometimes. The jury from the Amon Bundy trial went in with a not guilty from the selection process. They had video of him committing the crimes he was on trial for, the video was played along with his recorded confession and he and all his cronies were still found "not guilty."
Same with Kyle Rittenhouse. That boy crossed 2 state lines with his rifle and murdered 3 men and the all white jury found him Not Guilty. He even confessed to the murder while talking to a Majorie Greene Taylor after the trial but unfortunately, he cannot be prosecuted twice for the same crime due to Double Jeopardy.
I love this guy 😂
Judge Judy picture in back
*Checks comments*
Nice vid ❤❤❤
You’re first
@@error_code7443 What I was gonna say😂
@@cleverwashere lol
@@cleverwashere 😂
A judge can overturn a Guilty verdict because of a stupid prosecutor.
I recall a case where an undercover cop collaborated with a guy to murder someone, and stopped the guy just before the murder.
The prosecutor stupidly charged the defendant with Conspiracy to Commit Murder. They went to trial. He was found guilty. His attorney immediately moved for JNOV because that charge required all parties to have intended to commit the final act. The cop obviously did not intend to kill the victim. The judge overturned the verdict and found him Not Guilty.
The prosecutor should have settled for Attempted Murder.
I was told judges don't like tears in court because it looks like manipulation
That was actually a plot point of the Dinosaurs sitcom. First the Main character got a huge settlement by the big evil company, than the big evil company got a huge settlement from the main character, then the judge got fed up and ordered them to put all back to normal. I didn't know this was actually according to American law.
Mike is basically Saul Goodman, but without the... Saul Goodman parts
He's jimmy migil
@@332ndproductions8 he's almost Slippin' Jimmy
Without the CRIMINAL part yeah
... as far as we know.
I believe in Jury Nullification. Where the Jury despite what the law says, renders a not guilty verdict because they believe the law to be unfair. It's good to know that although judges can give a not guilty verdict they can't in turn render a guilty verdict. I still think the justice system in the USA is a sick and twisted joke in practice.
Anyone noticed "call me when you want" playing in bg?
If a jury can rule with emotion a judge can do the same thing
Let's talk about jury nullification and the power of grand juries.
it is because a judge cant override a not guilty verdict jury nullification is possible
No. Jury nullification would be possible even if judges could override not guilty verdicts
@@kpro8908 While technically it would be jury nullification, it would defeat the point of even having a jury, if an acquittal could be overruled.
The whole point of a jury is to be a check and balance on the legal professionals and the judicial system. Having acquittals be final, is what gives a jury their power. Both for acquitting the innocent, and acquitting when they don't agree with the criminal charges.
If your lawyer is good enough he fills the holes manipulate popular opinion winning the case
Never heard of a judge ruling anyone innocent, strange thing for a lawyer to say. There is a difference between not guilty and innocent.
Sweet gavel transition.
"More reasonable amount". In other words, bench tort reform. You sue your employer, you prove malice and your case, the jury awards you, the judge drops your award, the lawyers still get their massive cut and you walk away with a fraction of your just award because politics.
I was actually curious about this. Thanks for answering a good question.
That transition went harder than I was ready for
The loop is crazy
Excellent loop great editing
Loved this
Honest judges with integrity and a brain will help !!
Ppl have to understand judicial systems are a business. More prosecutions pays more. Yes it's salaried but more ppl put away, will pay better !! Jail's make more if your there then what you pay working and paying taxes!!
Mike have you read "To kill a mockingbird bird" if so would you consider that to be a viable situation where a judge could appeal the guilty verdict? Of course anybody other than mike is welcome to answer as well.
Mike can keep you from getting in jail for life alright.
was jamming to montero then realized i missed half the video
Bro has got a picture of judge Judy on his mantle piece
Judges make great lamp shades 🎉
You know you have rights
Mike. Can ya do a vid on Jury Nullification?
I need saul goddman
Those transitions were clean
Judges are fools and juries are monsters.
Indeed
The justice system is the biggest joke I ever seen.
Hear mike's law as you tie your tie
Courts don't ever find people innocent though... right? It's guilty or not guilty.
Correct. Because finding people innocent is proving a negative, and you can't do it. Your options are guilty or not guilty.
I love Judge Judy too ☺️
Id love a video where you talk about real stories of a judge ignoring a jurys verdict
or when the person is rich and the judge is corrupt
Are you even a lawyer? Nobodys ever found "innocent" ....They're found "not guilty"
There's also a judge declaring a mistrial with or without prejudice after the delivery of a guilty verdict, something that Schroeder threatened to do in the rittenhouse matter, due to the DA basically violating Kyle's 5th amendment rights... what a knob!!!
Now I gotta look up jnov
The fourth arm of government, the jury. Jury nullification, when the three branches of government fail the public, jury nullification.
The 2nd one is because Jury Nullificatuon can get u scott free unfairly and thats one thing, but a Jury getting u an unfair guilty verdict is way worse, so the Judge can overturn a guilty verdict if it seems like this is happening
The new American way is rule by opinion.
I knew they could, but I didn’t know the requirements in a criminal trial.
Holy frick im early
Nice video, keep up the good work!
Wrong: I DID know that.
You are about the heat 2 million subscribers you got this
How do judges differentiate between unemotional and emotional bias on the juries part?
You are about to hit 2 million subscribers you got this
🥳 thanks for watching
@@LawByMike🤣🤣🤣
Imagine being tried by a group of ignorant and cognitively flawed people. I hate this world
I never understood the entire jury system. It feels like you're acting for a tv show.
I had a speeding ticket. Plead not guilty. Cop didn’t show up. Judge asked the cops in the back of the room why he wasn’t there.
They informed him that he was having a child that day. The Judge stated and I quote. “ Oh, That’s right. He was telling me that at the BBQ. Where’s my Cigar?” They party together! How are you going to get a fair trial?
Which I asked “ where’s my Cigar? I just won.
The Judge then stated he could reschedule the case to make sure the officer was there. Asked me if I’d like that?
He stated case dismissed.
3 months later my insurance increased. When I inquired as to why, the insurance adjuster informed me I had been convicted for speeding.
He suspended all fines but nailed me for talking
Man I wish he did a series where he ranks the charaters by if he can defend them in court
do a video about jury nullification
And if you think your judge corruptly changed the verdict you can appeal it. Even a judge's ruling is not absolute.
Talk about jury nullification
I'd like to imagine each time Mike turns in a courtroom he transitions the same way as his vids.
This lawyer is so damn good
I can burn my ex’s car down and he will prove me innocent 🤣
So essentially they deny you of a fair trial. There is no fair trial with an organization for profit not following common law constitutional law.
Tell that to the hundreds of innocent people in jail and prison. Even the ones who after 20 plus years are not guilty…
Corruption + JNOV = reality
I thought it was called a Judgement as a matter of law per Rule 50 of the Federal Rules of Civil Procedure
JMOL happens during a trial, when the Defence is about to start their case-in-chief, they can make request for JMOL before doing so if they believe that the side with the burden of proof has not met their required burden of proof, therefore the defence doesn't need to prove anything cuz the Plaintiff/Prosecution did not meet burden.
JNOV happens after the trial's conclusion after the verdict has been reached, as the defence has fears that the jury acted with emotions and without reason and has convicted the defendant without bothering with the evidence that would show reasonable doubt if shown to a reasonable person.
In germany there isnt a real jury system. Capital crimes are tried by 3 Judges, 2 citizens, the DA, the defence and sometimes a, or more joint plaintiffs, the 2 civilians are there to assist the judge in finding a verdict. But the last word has the primary judge, he also has to justify his verdict and tell why he decided like that at the end of the trial.
So those movies where the jury who have had their loved ones threatened and say the obviously innocent guy was super guilty of the murder… that could be overturned in a finger snap by a judge? That’s cool!
Wanna bet $100?
Good. Pay up.
Is that judge Judy on the mantle???!?!
dr mike and lawbymike crossover???
There is one!
@@LawByMike WHAO you actually replied my comment, imma go watch it rn