NeoMedia Technologies, Inc (NEOM)

[brewskih]

Jurors are instructed to use their common judgemment and give wait to the evidence they see fit. In other words if they dont believe one witness is truthful they can disregard all of that witness testimony. If there are 2 expert witness' with opposing views, they decide which one to give the most weight too. etc., etc. yes there are some basic instructions about only basing their opinion on what is heard in the courtroom etc, but it still comes down to what they believe or dont believe.

I never said the juror goes in with a pre determined verdict in their mind, and yes that could cause a mistrial, but they develope their opinion on a daily basis as they listen to the examination and cross of each witness presented. And some do go home and listen to the news or talk shows about the case, contrary to somes beliefs. They are human beings and when human beings are involved in anything, there will be 12 different views among 12 different people. Thats why they then go to the jury room after the case is over, to go over those different views and try to form a consensus.

You cant compel a jury to reach any verdict, and if they strongly believe in their view, the best result you will get is a hung jury, because of the one hold out, and there is nothing that can be done to that one juror legally if they voted their conscience.

And everyone posting here can site at least one case involving a jury, where the evidence pointed to one thing but the jury ruled another way. I personally can think of several.

So NEOM still has to convince that jury thorugh their attorneys, unless its a Judge trial and then they have to convince the judge, which is easier to do then a jury.