Only in Chica...er Baltimore
In a shocking statement, trial Judge William Barry told the hung jury to “Compromise if you can do so without violence to your own moral judgement,” according to reporting by ABC News.
Such a statement coming from a trial judge is shocking because “compromise verdicts” in criminal cases are anathema to American concepts of jurisprudence and due process.
Each juror is sworn to vote for a guilty verdict on a charge only if they honestly believe that each and every element of that charge has been proven beyond a reasonable doubt.
If they do not so honestly believe this to be the case for a given charge, they are sworn to vote not guilty on that charge. Period.
This lies at the core of the legal mandate that the defendant has the presumption of innocence.
There is no proper room for compromise in such a judicial framework.
While it is true that criminal trial jurors do from time to time arrive at so-called compromise verdicts, such instances are considered defects in the judicial system, not legitimate outcomes.
If ever there were grounds for reversal of any conviction, this is it.
A friendly wag of the tail to Andrew Branca at the Legal Insurrection blog.
/fl