posted on March 19, 2004 04:10:30 PM new
My SIL just called me, and I think she said it was for the citizen test (she is a Chinese national, and is taking all the classes for citizenship) I think its for that! (excuse me, I took some painkillers-Legally! had to) anyway she has very broken english
Her question was: A judge cannot decide, that is why there is a jury. True or False
(God I think that was the correct question!! LOL)
So I told her, (well I first asked where the hell my brother was and he'd know LOL) but I said, False.
She then said, Why the Peterson case has jury, and why so long to find one? That wasn't on her test, she just wanted to know that one....
I couldn't really answer that one, since I haven't followed that in awhile.
So excuse my ignorance on this, but isn't it the 'accused' that decides whether they want a Judge or a Jury?? She thought that trials for murder and rape would have a jury decide, never a judge.... and I couldn't answer.
Anyone?
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"Somewhere, something incredible is waiting to be known."- Carl Sagan
posted on March 19, 2004 04:22:28 PM new
It is possible to waive your right to a jury and have the merits of your case determined by a judge or panel of judges.
Friends don't let friends vote Republican!
posted on March 19, 2004 05:06:09 PM new
Thank you!
I was thinking I gave her the wrong answer.
but I think that 'true or false' statement was a sort of trick question, so the answer would be False
I thought it is up to the accused, and yes the judge can override a jurys descion.
And yes dave, I was FINALLY talking to my brother, and was reading him these, and he said thats true also.
Thank you! I think becoming a U.S. citizen with the tests and classes they give you, the person ends up knowing much more than your average born in the US citizen!
I'd flunk LOL!!
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"Somewhere, something incredible is waiting to be known."- Carl Sagan
posted on March 19, 2004 05:44:38 PM new
Abdolutely, the only reason I know is I coached someone years ago to take the test (they passed) and discovered how little I knew.
Friends don't let friends vote Republican!
posted on March 19, 2004 06:04:22 PM new
"BUT also if the trail is by jury a judge can overturn a jury's verdict."
That is only half true. A judge may set aside a guilty verdict, if he feels it's warented. He may not overturn a "not guilty" verdict, for obvious reasons.
posted on March 19, 2004 06:10:44 PM newShe then said, Why the Peterson case has jury, and why so long to find one?
Peterson will have a jury because it is his right to have a trial by jury. It's taking so long to assemble the jury because the 6th Amendment gives us the right to have an impartial jury. Since his case has been to much in the spotlight, getting people who haven't already formed an opinion as to his innocence or guilt is very difficult.
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Censorship, like charity, should begin at home; but unlike charity, it should end there --Clare Booth Luce
posted on March 19, 2004 06:58:24 PM new
You can also have a trial without a jury, in which the judge decides guilt or innocence.
'We have dispatched Dr. David Kay...to search for the bio-warfare agents we believe hidden in Senator Kerry's forehead. If Senator Kerry has used botox as part of a wrinkle enrichment program, he is in violation of UN Resolution 752. Upon receiving Dr. Kay's report, the weapons of mass destruction that Senator Kerry so adamantly insists do not exist...may well be above his very nose.'" --Dick Cheney when asked whether John Kerry has had Botox treaments
had to) anyway she has very broken english
