[conspire] (forw) Reiser trial: DNA tests partially flubbed, defence motion for mistrial

Eric De Mund ead-conspire at ixian.com
Wed Feb 6 03:21:08 PST 2008


Christian Einfeldt <einfeldt at gmail.com>:
] Where did you get access to the court file? In civil cases, the jury
] instructions usually sit on the judge's desk in chambers until the end
] of the case, at which time they are entered into the record of the
] case as the judge reads them into the record.

Rick Moen <rick at linuxmafia.com>:
] Well, the ones I was pointing to are just California Judicial
] Counsel's model instructions for criminal trials in this state. My
] understanding is that _most_ criminal trial judges will be picking and
] choosing language from that document, after haggling between the two
] counsels about which parts apply. California's Rules of Court (Rule
] 2.1050(e)) say:
]     Use  of  the  Judicial  Council instructions  is  strongly
]     encouraged. If the latest edition of the jury instructions
]     approved by  the Judicial Council  contains an instruction
]     applicable to  a case and the trial  judge determines that
]     the  jury  should be  instructed  on  the  subject, it  is
]     recommended  that  the  judge  use  the  Judicial  Council
]     instruction  unless  he  or  she finds  that  a  different
]     instruction  would more  accurately state  the law  and be
]     understood by  jurors. Whenever the latest  edition of the
]     Judicial  Council jury  instructions does  not  contain an
]     instruction  on  a  subject   on  which  the  trial  judge
]     determines that  the jury should be instructed,  or when a
]     Judicial Council instruction  cannot be modified to submit
]     the issue properly, the  instruction given on that subject
]     should be accurate,  brief, understandable, impartial, and
]     free from argument.

Here's a point that I need help with: If I as a juror am free to conduct
myself in any way that is within the law, what legal weight do a judge's
instructions/Judicial Council instructions have? It is my understanding
that judges' instructions *do not* have the weight of law.

A further question that baffles me: If Judicial Council instructions do
not grant me anything that the law doesn't already grant me, what is
their purpose?

Hmmm. Reading this just now:

    Tuesday, May 8, 2001
    Justices Say Jurors May Not Vote Conscience

I see this bit:

    Monday's decision, however, is likely to deter nullification
    because a new jury instruction requires jurors to inform the
    judge whenever  a fellow panelist  appears to be  deciding a
    case based on his or her dislike of a law, said Deputy Atty.
    Gen. Karl S. Mayer.

Ugh. A disgusting requirement. I really have trouble seeing how the
state can legally thus compel a person regarding his fellow citizens.

Eric De MUND   | Ixian Systems           | Jab: eadixian at jabber.org/main
ead at ixian.com  | 650 Castro St, #120-210 | Y!M: ead0002
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