He DOES instruct them how to vote. He instructs them to vote according to the law and the evidence before them.
Instructing the jurors on the law, and telling them
how to vote are two entirely different things.
In fact if you tell a perspective juror that they can vote as they please and that the juries can in fact make or break laws with their votes -- you will be charged with jury tampering.
I didn't say that judges should tell jurors that they can "vote as they please" in some willy-nilly fashion without following the law.
I didn't say that juries should make or break laws. How on earth can juries "make" laws anyway? They aren't part of the legislature.
"
jury tampering n. the crime of attempting to influence a jury through any means other than presenting evidence and argument in court, including conversations about the case outside the court, offering bribes, making threats, or asking acquaintances to intercede with a juror."
jury tampering legal definition of jury tampering. jury tampering synonyms by the Free Online Law Dictionary.
And the jurors so informed will be dismissed from duty.
If the judge truly tampered with a jury, not only would the jury be dismissed, the judge would be in deep legal doo-doo.
However, if you're saying that the judge wrongly advises the jury during the trial, then the lawyers for both sides who are present would surely have something to say about that. I find it hard to believe that the lawyers would ignore something like that. At the very
least, that opens up opportunities for an appeal of any guilty verdict.
Also, once the jury is in the deliberation room, nothing that goes on in there is available to the judge unless a jury member specifically contacts the judge. Deliberations and votes are private during the trial.