Word: solana
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Dates: during 1960-1969
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...when a verdict is directed by a judge, what to do about a dissenting juror like Boston's Claude Solana? His totally unexpected protest tempted Judge Lurie to hold him in contempt of court. But as Thomas Lambert of the American Trial Lawyers Association notes, "the glory of the jury is its beautiful lawlessness." It represents "the yeasty independence of the average man over officialdom." Perhaps mindful of such thoughts, Judge Lurie decided to give Solana the benefit of his doubt. He declared a mistrial and will start all over again with a new jury...
...only one formality left. The clerk intoned: "Mr. Foreman and members of the jury, hearken to your verdict. The jury finds for the defendant by order of the court. So say you, Mr. Foreman? So say you all, members of the jury?" To everyone's astonishment, Juror Claude Solana said...
Dangerous Gamble. Jurors are not expected to buck directed verdicts. But in days gone by, they took more of a risk than did Solana. In 16th century England, the remote ancestor of today's directed verdict was called a writ of attaint; under it a judge could refuse to accept any jury verdict he did not like, no matter what the evidence. A new trial was then held, with a larger jury. If the new jury agreed with the judge, the original jurors could '"themselves be imprisoned and their wives and children thrust out of doors." That highhanded...