Legal Definitions - gambling verdict

A gambling verdict, also known as a chance verdict, refers to a jury's decision that is reached through random or arbitrary means, rather than through careful deliberation and consideration of the evidence presented and the applicable law. Such verdicts are generally considered improper and invalid because they do not reflect the jury's reasoned judgment. If it can be proven that a jury reached its decision in this manner, it can be grounds for overturning the verdict and ordering a new trial.

Here are some examples illustrating a gambling verdict:

• Example 1: Deciding Liability by Coin Toss

  In a civil lawsuit concerning a car accident, the jury is struggling to agree on whether the defendant was at fault. After hours of debate, they are deadlocked. Frustrated, the jurors decide to resolve the issue by having the foreperson flip a coin: heads means the defendant is liable, tails means they are not. The coin lands on heads, and they report a verdict finding the defendant liable.

  Explanation: This is a gambling verdict because the critical determination of legal liability was made by a random coin toss, rather than by a thoughtful evaluation of the evidence and legal instructions provided by the court.

• Example 2: Determining Guilt by Drawing Straws

  During deliberations in a criminal trial for shoplifting, the jury is evenly split on whether the defendant is guilty or not guilty. Unable to persuade each other, they agree to write "guilty" on six slips of paper and "not guilty" on six slips, place them in a hat, and draw one to be their official verdict. The drawn slip reads "guilty," and that is the verdict they present to the court.

  Explanation: This scenario constitutes a gambling verdict because the fundamental question of the defendant's guilt or innocence was decided by a random draw, completely bypassing the requirement for a reasoned decision based on the evidence presented at trial.

• Example 3: Averaging Damages Without Deliberation

  In a breach of contract case, the jury has already determined that the defendant owes the plaintiff money. When it comes to calculating the specific amount of damages, each juror writes down a figure they believe is appropriate. Without any discussion, negotiation, or attempt to reconcile their individual views, they agree beforehand to simply add all twelve numbers together and divide by twelve, binding themselves to this average as the final damages award.

  Explanation: This is a gambling verdict because the jurors agreed in advance to be bound by an average without any subsequent deliberation or agreement on the reasonableness of the final figure. This method substitutes a mechanical calculation for genuine discussion and compromise based on the evidence regarding damages.