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|
10,049
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|
1
|
property damage, the judge will turn to the jury and give
|
|
2
|
them his intructions on the law. He will tell the jury
|
|
3
|
what the law is, and he will tell them that they are bound
|
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4
|
by his statement to them of what the law is.
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5
|
And the jury in its function as a fact-finding
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6
|
body decides what the facts are under the law as the court
|
|
7
|
has given it to them, each taking its own place in our scheme
|
|
8
|
of justice.
|
|
9
|
But when you come to a criminal case which may
|
|
10
|
be one involving the question of whether the crime was
|
|
11
|
robbery, whether it was receiving stolen good, whether it
|
|
12
|
was larceny or whether it was embezzlement, and all the
|
|
13
|
complications involved in all of those descriptions of what
|
|
14
|
the law may be, the judge has to say to the jury: "Ladies
|
|
15
|
and gen tlemen of the jury, what I have told you about the
|
|
16
|
law is not binding on you. It is advisory only."
|
|
17
|
In other words, a jury of lay people is supposed
|
|
18
|
to be able to figure out for themselves what the complicated
|
|
19
|
law may be in a given case.
|
|
20
|
Now, if they get fooled and the verdict is
|
|
21
|
not guilty, there can't be another trial, there can't be
|