🚀 go-pugleaf

In article <4qa9i7$d77@linet06.li.net>,
Bill Bessette <dsquid@newshost.li.net> wrote:
>Grizz (glengoed@pacific.telebyte.net) wrote:

>: what they saw. The judge realized the jury didn't get the point.
>
>Nope.  The judge ruled that it never should have even gone to
>the jury.  The defense filed a motion that said in essence
>that the prosecution had offered no evidence of 
>negligence.  Hence, she had no choice but to throw the case
>out.  It just took her several days to decide on that motion.

Actually, you're both right.  The judge *did* rule on the grounds that the
prosecution did not present evidence on every element of it's case --
specifically, Brian's negligence.  However, there is no good reason that
the judge should have taken "several days" to decide this.  Except for
this:  judges are reluctant to direct verdicts for acquittal in criminal
cases.  They want to avoid the appearance that they are interfering with
the jury process, or that a defendant is getting off on what is commonly
referred to in populist rantings as a "technicality.".  So the judge will
often defer ruling on the motion until the jury's verdict is in,
especially when, as in this case, it appears that the prosecution has so
hopelessly botched its case that the *only* possible verdict is an
acquittal.  When the jury failed to do its job here (assuming it was
properly instructed on criminal negligence, that is), the judge then
stepped in with the directed verdict of acquittal, or a judgment "n.o.v."  
Note that in this case, it was a *renewal* of the earlier, pre-verdict 
motion.  In federal court, no pre-verdict motion is required.

>Better to free 1000 guilty men than to condemn an innocent.
>I slaughtered that quote, but the idea is caputured.
>That's what our legal system is based around.  If that breaks
>down, we are on the road to becoming a police state.

Bravo.
However, to change the subject only slightly, that bedrock principle of
justice that is uniquely American should not be warped and stretched
beyond recognition to allow irresponsible, miscreant, thug athletes to
retain privileges such as full-ride scholarships to amoral midwestern
football factories, national tv showcasing of their considerable athletic
skills, and MNC game stardom under the guise of some sort of imaginary
"due process" consideration.

ralphie