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Old 11-12-2004, 04:09 PM   #57 (permalink)
smooth
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Quote:
Originally Posted by Coppertop
I disagree with this. Juries are there to listen to the testimony of witnesses and decide guilt or innocence. They're specifically told to not attempt to find out facts for themselves. Judges are there to make sure the attorneys present evidence properly in accordance with the law.

Of course these are generalizations.
You can disagree if you want. Your conclusion is based on a misunderstanding of the process, however.

Juries are not supposed to conduct independent research. That may be where you get the notion that they can not "find out facts for themselves."

Juries, and judges in bench trials, listen to evidence and decide what the facts are. They determine whether something is a fact or not a fact and then deliberate over those facts.

No appeals court can overturn a question of fact, as it has already been decided by a jury (or judge). They can only review procedural error.
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