Finding Jury's $2 Million Award Excessive, Court Orders Retrial

, New York Law Journal


Northern District Judge Thomas McAvoy held that the jury's verdict was out of line both with the injuries he said the police officer, who had claimed he was retaliated against by superiors who blocked his promotions because he is a white man, suffered at the hands of his employer and with awards courts have made in similar job discrimination actions.

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What's being said

  • Jeff Allan

    If Judge's are allowed to order retrial's on what they believe a jury award not being inline with previous award decisions, then a polling of a jury for a new trial after a Judge sentences a criminal defendant should be warranted as well. During the trials of drug cases, Juries are never told of the draconian mandatory sentences defendants will receive. Many a Juror upon learning of a drug defendants sentence is aghast on what these young people must be sentenced to. On many occasions, Judges will instruct the Jury not to consider the punishment (especially in mandatory minimum drug cases) when determining guilt. Jurors should be told of what the defendant is facing upon sentencing if found guilty. They should also be told of what a conviction on ones record will do to them for the rest of their life. Recidivism is almost a guarantee these days, as jails no longer force the inmate to get their GED, and the pursuit of a college degree is virtually impossible. Lawmakers, in their quest to be elected or re-elected, have removed all education programs in the Federal system. The only ones that exist are manned by inmates with High school or college degree's. Computers are out of the question, and the few type writers that exist are confined to the Law library. When you take into account that our extremely honest and fair law makers attached a one year deadline to file a 2255 to the Anti-terrorism and Effective Death Penalty Act of 1996 (What your rights to file a Motion to Vacate, Set Aside, or Correct a Sentence
    By a Person in Federal Custody has to do with Anti-Terrorism is beyond comprehension), access to the very cheap, and the few working type-writers to do your assignments will not happen. Even if the in-mate over comes these hurdles and gets their degree(s), good luck finding a job. In NYC, you couldn't get a job selling hot dogs with a criminal record, as a license is required If a jury finds you guilty of a crime, it stands pat. If a jury makes a monetary award, the Judge steps in to protect administrations and corporations. The message we are sending here is a life is worthless, but money is sacred.

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