Comment on When a judge tells the jury to ‘forget XYZ,’ how can the jury possibly do that?
MartianSands@sh.itjust.works 1 day agoThey’d be supposed to, but they certainly don’t have to. Nobody can actually tell the jury what to decide, or there’d be no point in a jury
kibblebits@quokk.au 1 day ago
They have to. I mean legally they cannot consider that evidence. If they keep bringing it up in jury deliberations, and that gets reported, it would be a mistrial.
However, you’re right in that it cannot be erased from a person’s mind… the phrase I’ve heard used is “ringing the bell” which is when a lawyer might mention a persons prior convictions, but that gets objected to and stricken. But the bell rung and the jury knows.
MartianSands@sh.itjust.works 1 day ago
No, there’s still a fundamental disconnect there.
The law may say they have to, but they don’t actually have to. The difference is important
kibblebits@quokk.au 1 day ago
If they don’t, and they say they aren’t, it is a mistrial.
If they don’t, and they keep their mouth shut, then no one knows.
Connected.