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Can a Judge Overrule a Jury Verdict? In any trial, the judgeâs decision and opinion has higher authority than anyone else. The fact of the matter is that a judge is an expert on the law and the jury is not. The judge can overturn a guilty verdict and find the defendant not guilty, but not the other way around. Instead of overturning a guilty verdict, the judge can order a new trial.
The right to a jury trial does not hinge on whether the defendant is actually sentenced to prison or not. Both the defendant and the prosecutor must waive the right to a jury trial. In cases where both parties waive the right to a jury trial, the judge acts as the factfinder. This is called a bench trial.oth the defendant and the prosecutor must waive the right to a jury trial. In cases where both parties waive the right to a jury trial, the judge acts as the factfinder. This is called a bench trial.