Насчет mistrial, например,valeriypi wrote:...valeriypi wrote:...
Интересно, хотя может я и неправ (!), но кажется что судья может признать невиновным даже если jury нашли case доказанным.
"A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be tried again.
A judge may declare a mistrial for several reasons, including lack of jurisdiction, incorrect jury selection, or a deadlocked, or hung, jury. A deadlocked jury — where the jurors cannot agree over the defendant's guilt or innocence — is a common reason for declaring a mistrial. Extraordinary circumstances, such as death or illness of a necessary juror or an attorney, may also result in a mistrial. A mistrial may also result from a fundamental error so prejudicial to the defendant that it cannot be cured by appropriate instructions to the jury, such as improper remarks made during the prosecution's summation.
Read more: http://www.answers.com/topic/mistrial#ixzz1tkhoKn2D
Насчет несогласия с jury,
Judgment notwithstanding verdict
http://en.wikipedia.org/wiki/Judgment_n ... ng_verdict
"...JNOV is the practice in American courts whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a verdict notwithstanding the jury findings. This intervention, often requested but rarely granted, permits the judge to exercise discretion to avoid extreme and unreasonable jury decisions.[1]...[/quote]
civil jury trial
