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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.
Defense attorneys can challenge jurors who are so pro-death penalty that they could not judge guilt fairly in a capital case (Hovey v. California). However, research has shown that there are very few people who favor the death penalty so strongly that they can be excluded from the jury.uring the voir dire, jurors in capital cases are questioned about their views regarding capital punishment in order to discover whether they will be able to follow the law in deciding what sentence to impose.