What is the test for a jury to acquit a defendant in a sexual assault case?
The following excerpt is from United States v. American Stevedores, Inc., 310 F.2d 47 (2nd Cir. 1962):
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Notes:
1 "The most that can be said in such cases is that the verdict shows that either in the acquittal or the conviction the jury did not speak their real conclusions, but that does not show that they were not convinced of the defendant's guilt. We interpret the acquittal as no more than their assumption of a power which they had no right to exercise, but to which they were disposed through lenity." (Steckler v. United States, 7 F.2d 59, 60, 2 Cir., 1925.)
Notes:
1 "The most that can be said in such cases is that the verdict shows that either in the acquittal or the conviction the jury did not speak their real conclusions, but that does not show that they were not convinced of the defendant's guilt. We interpret the acquittal as no more than their assumption of a power which they had no right to exercise, but to which they were disposed through lenity." (Steckler v. United States, 7 F.2d 59, 60, 2 Cir., 1925.)
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