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Tag Archives: jury

Judges Usurping the Providence of the Jury

You or a loved one has been arrested. You pled not guilty. You want to go to trial for the criminal charges you are facing. You have prepared your case for trial. The trial has now begun. The trial goes smoothly and the Judge is charging the Jury. Charging the jury means that the Judge is instructing the jurors on the laws of your case. During jury instructions, the Judge states: “you cannot find for or against; guilty or not guilty; because you like or dislike the Defendant or the Government.” This charging of the jury is inconsistent with Florida Law; and according to West Palm Beach Criminal Defense Attorney Andrew D. Stine this charge by the Judge to the Jury is Unconstitutional. The Florida Constitution and U.S. Constitution allow… […]

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Is the Right to a Jury Trial in Criminal Cases Dead?

The right to a trial by a jury is guaranteed in the United States and the Florida Constitutions. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense, as stated in the Sixth Amendment of the United States Constitution. The right to a jury trial is what separates the people from the government. The jury trial system provides the… […]

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Can a Judge Overturn a Jury Verdict?

Can a Judge Overturn a Jury Verdict?

Have you ever wondered if a judge can overturn a guilty verdict, or even a not guilty verdict? The results of former West Palm Beach Firefighter Capt. Rick Curtis’s trial may leave people wondering – is a jury verdict the final word? DUI Conviction Overturned According to the Palm Beach Post, Rick Curtis is fighting to get his job back as a firefighter for West Palm Beach now that his DUI conviction has been overturned. The conviction was overturned after Curtis alleged that the judge had an “intimate relationship” with one of Curtis’ adversarial colleagues. Curtis claims he didn’t learn of the relationship until after the trial. City officials are refusing to let Curtis return to the department and are claiming that the conviction wasn’t the sole reason he was fired.… […]

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