PREDICTIONS FOR THE LINDSAY CLANCY CASE TOMORROW! In my own words, here’s an explanation of the 1851 case: It’s Massachusetts Model Criminal Jury Instruction 2.460, “When Jurors Cannot Agree.” Judges are supposed to stick close to the wording. Paraphrasing the main points in order: 1. A jury verdict is the principal method our Constitution and laws provide for deciding questions of fact in a criminal case. 2. Absolute certainty cannot be attained or expected in almost any case. 3. Your verdict has to be your own—the product of your own convictions, not just going along with the rest. 4. But you should examine the question with candor and with proper regard for the opinions of the other jurors. 5. The case has to be decided at some point. You were selected the same way and from the same source as any future jury would be, and there’s no reason to think another twelve people would do the job better. 6. To the jurors leaning toward acquittal: Ask whether your doubt is really reasonable if it makes no impression at all on jurors who are equally honest, equally intelligent, heard the same evidence with the same attention, want the truth just as much, and took the same oath. 7. To the jurors leaning toward conviction: Ask whether you should reasonably doubt a judgment the rest of the panel won’t join. 8. Return to your deliberations with those thoughts in mind. Hope this helps!
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