manny4life:


Also, don't the Judge have the final say in the the trial? I mean, judges overrule jurors in a case. For instance, if a judge believes a juror may have been compromised OR he/she sees strong evidence indicating an trial error OR simply, he/she believes beyond reasonable doubt that a defendant isn't guilty due to many reason, he/she can overturn a guilty verdict. I believe though that some cases like white collar, fraud, armed robbery, murder, etc. should be strictly jury trial and some like rape charges should be deferred to judges.

Why the exception to rape' charges?

You're right. A judge can take administrative action against a juror or jurors that is compromised. The penalty differs from state to state.

CFCfan:

Why the exception to rape' charges?

You're right. A judge can take administrative action against a juror or jurors that is compromised. The penalty differs from state to state.

Rape cases barely have any shred physical evidence unless of course a minor or assault is involved, other than that, it's self testimony, hearsay, or fake witnessing. Rape is somewhat difficult to prove because a defending party has to prove it's consensual, though aggression may be part of intimacy gone wrong and the prosecutor has to prove otherwise. Also, to even think a lot of emotional trauma is involved (if it did happen), finding someone guilty or acquitting a charge is not very easy. I believe only a judge should have the sole discretionary power, and at his/her will based upon rule of evidence to make a determination IF rape is involved. No emotions, strictly facts.

manny4life:


Rape cases barely have any shred physical evidence unless of course a minor or assault is involved, other than that, it's self testimony, hearsay, or fake witnessing. Rape is somewhat difficult to prove because a defending party has to prove it's consensual, though aggression may be part of intimacy gone wrong and the prosecutor has to prove otherwise. Also, to even think a lot of emotional trauma is involved (if it did happen), finding someone guilty or acquitting a charge is not very easy. I believe only a judge should have the sole discretionary power, and at his/her will based upon rule of evidence to make a determination IF rape is involved. No emotions, strictly facts.

You've got some salient points; but don't you think the statute of limitations work in rape cases?