EXCLUSIVE: Judge Aileen Cannon barely has any courtroom experience, but in her limited time on the bench she appears to have flouted hundreds of years of legal tradition—just because.
I've never seen anything like it.The Daily Beast reviewed this with several legal scholars, who universally noted that Cannon’s move here strikes them as odd.
Others noted that these kinds of “special verdicts,” as they’re called, are rarely used—and only in the most strange or complex cases. Columbia Law School Professor Daniel Richman noted how a Virginia jury in 2009 faced detailed questions when deciding to convict the disgraced congressman William Jennings Jefferson .
“It’s very unusual—super-unusual—which is why you’ve probably never seen one,” Carroll said. “Even within these specific verdict forms, you nonetheless end up with an ultimate question where the jury has to check ‘guilty’ or ‘not guilty.’ And that’s what you’re missing on this form.” "What strikes me is, they have been asked to consider these bifurcated factual questions and to answer them ‘yes’ or ‘no’ without ever getting to the ultimate question: Should we conclude this person is culpable and should be punished as a criminal? Which is really what you’re asking when you say, guilty or not guilty,” Carroll said.“You, judge, took away some of the job of the jury. And you did it without any authority to do so.
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