Legal Question in Criminal Law in Ohio
jury trial
In a jury trial, does the judge have the power to overrule the jury's decision?
Asked on 3/10/05, 11:33 am
2 Answers from Attorneys
Brian Halloran
Brooking and Halloran, PLLC
Re: jury trial
Quick answer: Yes. In a criminal trial, if the judge believes a conviction cannot be based on the facts "as a matter of law" and the jury improperly convicted, the judge retains discretion to overturn the guilty verdict. The judge cannot find guilty if the jury finds not guilty though.
Answered on 3/10/05, 11:56 am
Timothy Hess
T. Hess & Associates, LLC
Re: jury trial
Yes, a judge can overrule a verdict of guilty and find the defendant not guilty, but not the other way around.
Answered on 3/10/05, 12:01 pm
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