Re:Epic vs. Google: Google Loses
by GabrielTFS on Tuesday December 12, 2023 @12:29AM
(#38609871)
This is true in one sense (that the jury doesn't always have the final word) but does not seem to actually argue against the point made in loaph's comment.
I think what loaph is saying is that a jury, when making a decision, can make any decision it wants, without consequences (except in exceptional cases, e.g. jury tampering).
The jury might never get to actually make a decision, and a guilty verdict can be overruled by a judgment notwithstanding the verdict (or as a result of an appeal, etc.), but legally, when a jury has made a decision, they can't be punished for making it, even if they were unreasonable in reaching that verdict.
Re:Epic vs. Google: Google Loses
by dllthomas on Tuesday December 12, 2023 @02:12AM
(#38610557)
How did whether juries are punished become germane? I thought the question at issue was just consistency vs capriciousness of the courts taken as a whole.
I think what loaph is saying is that a jury, when making a decision, can make any decision it wants, without consequences (except in exceptional cases, e.g. jury tampering).
The jury might never get to actually make a decision, and a guilty verdict can be overruled by a judgment notwithstanding the verdict (or as a result of an appeal, etc.), but legally, when a jury has made a decision, they can't be punished for making it, even if they were unreasonable in reaching that verdict.