• Burn_The_Right@lemmy.world
    link
    fedilink
    arrow-up
    16
    ·
    7 months ago

    Um. This is entirely inaccurate. I think you may have been misled.

    The judge is the arbitor of law (only) during the guilt/innocence phase. The jury is the arbitor of fact (only). Only the jury can determine what the facts of the case are, not the judge. In this way, only the jury can determine if sufficient factual evidence exists to fulfill the elements of a crime.

    Alternates take the place of jurors who leave (usually for health or family emergency), but jurors cannot be asked to leave because of their decisions in deliberation.