They are sometimes induced to find special verdicts
, which refer the main question to the decision of the court.
'And they made it a special verdict
, I think,' said the undertaker, 'by adding some words to the effect, that if the relieving officer had--'
absence of a Criminal Rule authorizing special verdicts
sustaining a claim, although the practice of using special verdicts
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
Both paradoxes stem from the use of special verdicts
. In particular, the problems occur because the jury's factual findings and the judge's application of the law to those findings do not always match up.
(51) Rule 49, however, does not cover traditional general verdicts, in which the jury need only "announce which party wins, and, if it is plaintiff, the amount that should be recovered." (52) This Section examines special verdicts
and general verdicts with interrogatories, as provided for by Rules 49(a) and 49(b).
Similarly, a "fact tried by a jury" is a "fact" in the same sense that juries record their factual findings in special verdicts
, which were widely used in the United States at the time of the Founding.
This case illustrates how important it is for attorneys to spec- ifically request special verdicts
in which they specifically request the trial judge to direct a jury to return findings, with specificiity, regarding the specific issues before them.
Brown, Federal Special Verdicts
: The Doubt Eliminator, 44 F.R.D.
Two ways of satisfying Apprendi's requirements suggest themselves: the use of special verdicts
regarding the factors mentioned above, which the jury would consider during its general deliberations, or holding a separate sentencing proceeding after the jury returns a verdict of guilty, so that the jury might then consider the relevant factors.
Without the use of special verdicts
or special interrogatories,(133) it is impossible to know which jurors are convinced beyond a reasonable doubt of which predicate acts.