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United States, 164 U.S. 492 (1896), was a United States Supreme Court case that, among other things, approved the use of a jury instruction intended to prevent a hung jury by encouraging jurors in the minority to reconsider. The Court affirmed Alexander Allen's murder conviction, having vacated his two prior convictions for the same crime.
United States v. Thomas, 116 F.3d 606 (2nd Cir. 1997), [1] was a case in which the U.S. Court of Appeals for the Second Circuit ruled that a juror could not be removed from a jury on the ground that the juror was acting in purposeful disregard of the court's instructions on the law, when the record evidence raises a possibility that the juror was simply unpersuaded by the Government's case ...
In 1997, in U.S. v. Thomas, [30] the U.S. Court of Appeals for the Second Circuit ruled that jurors can be removed if there is evidence that they intend to nullify the law, under Federal Rules of Criminal Procedure 23(b). But the Second Circuit also held that the court must not remove a juror for an alleged refusal to follow the law as ...
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. [9] The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true. Put another way, "If you ...
Established on March 3, 1887 by 24 Stat. 492 as a circuit judgeship for the Second Circuit Reassigned on June 16, 1891 to the newly formed U.S. Circuit Court of Appeals for the Second Circuit by the Judiciary Act of 1891: Lacombe: NY: 1891–1916 Hough: NY: 1916–1927 A. Hand: NY: 1927–1953 Harlan II: NY: 1954–1955 Lumbard: NY: 1955–1971 ...
If the jury instructions had "better embodied the Supreme Court's directive that 'ambiguity concerning the ambit of criminal statutes should be resolved in favor of lenity,'" he argues, "the ...
Jury instructions sometimes make reference to the juror's oath. For example, the Criminal Pattern Jury Instructions developed by the U.S. Court of Appeals for the 10th Circuit for use by U.S. District Courts state: [14] You, as jurors, are the judges of the facts.
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