2002) (using a special verdict
form to determine whether the
Kelly now appeals, arguing the circuit court erred by determining that public policy concerns justified overturning the jury's answers to the two special verdict
However, special verdict
forms introduce an additional layer of
However, with the advent of special verdicts
and bifurcation of issues, it is now common for cases to be submitted to the jury with a special verdict
Because the special verdict
disregards the distinction between probabilistic and dichotomous judgments, it hides information from judges that is necessary to understand the jury's factual findings.
(78) Rule 49, however, grants the trial judge not only complete discretion over whether to use a special verdict
or a general verdict with written interrogatories as opposed to a traditional general verdict in the first place, but also considerable latitude in determining how to implement the interrogatories.
But the prosecution had sought a special verdict
of not guilty of murder by reason of insanity which, if proved, would have seen him confined to a psychiatric hospital.
17 and 18"), one Special Interrogatory ("Special Interrogatory 1"), and the answer given to part of a Special Verdict
Form ("Special Verdict
The prosecution at Swansea Crown Court told the jury it was no longer seeking a special verdict
of not guilty by reason of insanity and that there would be no purpose in sending Thomas to a psychiatric hospital.
At Swansea Crown Court, the prosecution told the jury it was no longer seeking a special verdict
of not guilty by reason of insanity.
As a result it was seeking a special verdict
of not guilty of murder by reason of insanity.
[T]he rendition by a jury of a special verdict
that would answer a number of questions bearing, perhaps decisively, on whether the defendants are negligent under either of the [plaintiffs' theories].