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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 jury, not the judge, is the fact finder. During jury selection the judge, prosecutor and defense attorney question prospective jurors and then select the jury. The trial begins when the jury is sworn.Although every trial is different, there are specific elements that make up the proceeding.he jury, not the judge, is the fact finder. During jury selection the judge, prosecutor and defense attorney question prospective jurors and then select the jury. The trial begins when the jury is sworn.