New Means of Control

Over time, judges developed three new powers:

1. They developed controls over what evidence could be admitted at trial.

a. One reason they did this was to keep juries from getting confused over too many issues.

2. They chose the instructions that were to be given to the jury.

3. They used the power to order a new trial.

a. Judges could use this power if they suspected that the jury disobeyed or misunderstood the court’s instructions.

b. Either the trial court or an appellate court has this power.

c. Juries are no longer punished.

d. The test is whether the verdict is reasonable given the evidence.

e. It is rare that the trial court will simply replace the jury’s findings with its own.

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