Everybody knows that. How often are the verdicts of Juries overturned?
Our monthly one-question survey emailed to NJC alumni in June asked trial judges, “About how often do you disagree with the jury’s verdict?”
The choices were:
- Less than 25 percent of the time
- 26 to 50 percent of the time
- 51 to 75 percent of the time
- More than 75 percent of the time
Top choice
Eighty-two percent of the 446 judges who responded said they disagree less than 25 percent of the time. The majority who left comments said the jury usually gets it right, and it is not a judge’s job to second guess their decision.
Wrote one judge (anonymously, as was most often the case with the comments): “When you hear the voice of a dozen people speak in unison, it is rare that they get it wrong.”
Wrote another: “I have rarely disagreed with civil or criminal juries. And I will never tell a jury that I disagree for two reasons: First, it is breach of ethics. Second, and perhaps more important, as the presiding judge, I have more to think about during the trial than the jurors, and I could easily miss a salient fact.”
Disagreeing 25 to 50 percent of the time
Sixty-two judges said they disagree 25 to 50 percent of the time. Most said that sometimes a jury’s lack of knowledge of legal terms or their being unaware of certain evidence that was withheld results in the jury ruling differently than the more fully informed judge would.
One judge explained that he or she may disagree with the jury’s verdict but can’t rule any differently if that disagreement stemmed from facts not in evidence.
Our monthly one-question survey emailed to NJC alumni in June asked trial judges, “About how often do you disagree with the jury’s verdict?”
www.judges.org
