Legal Opinion · Dissent

Watts v. United States

District of Columbia Court of Appeals

Decided July 28, 1976No. 7777Published

1DissentFickling, Associate Judge

The majority holds today that the trial judge properly instructed the jury that It must return a guilty verdict if it found beyond a reasonable doubt that the appellant committed acts which constituted the essential elements of the crime charged.1 I must respectfully disagree. In my view, this peremptory command, equivalent to a directed verdict, seriously invaded the province and prerogatives of the jury, thereby undermining appellant’s constitutional right to a jury trial.

*713The Sixth Amendment provides that a criminal defendant shall have the right to a trial by an impartial jury. A…

2Cases cited36 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Cupp v. NaughtenSupreme Court of the United States · 1973
  3. Williams v. FloridaSupreme Court of the United States · 1970
  4. Sparf v. United StatesSupreme Court of the United States · 1895
  5. United Brotherhood of Carpenters & Joiners of America v. United StatesSupreme Court of the United States · 1947

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