While it's impossible to predict how a jury will judge Lay and Skilling, it's definitely possible to assess how S-Ox is working.
Justice Thomas is the perfect example of how hard it can be for a judge to lay aside the personal experiences that shape his worldview.
Nor does it lay out a standard to judge whether they have succeeded.
Because Judge Lake charged that Lay and Skilling can be convicted based on "conscious avoidance, " the prosecution's burden of proof will be easier met.
So that second case will be decided by the same judge who is now overseeing the joint Lay-Skilling hearings.
The panel comprises a High Court Judge, a second judge with immigration expertise and a third expert lay member whose presence reflects the central feature of the Three Wise Men system.
They are presided over by a judge advocate and a board of up to seven lay members, individuals with no legal training much like a jury in civilian courts.
Mr Fuller and the school, however, were cleared of blame by Judge Mr Justice Owen, who said the responsibility lay with a scoutmaster, who had met the youngsters on the moor and tried to help them by directing them across the brook.
The judge found the main blame for Kalisha's death lay with the doctor, after he failed to diagnose the pregnancy as ectopic, where the foetus develops outside the womb.
"Defendants all the time lay low and see what the SEC can come up with, " Judge Forrest said in a March 21 conference call with SEC officials and Mr. Tourre's lawyers.
The judge also pushed the envelope by instructing jurors that they could find Lay and Skilling guilty for "willful blindness, " or closing their eyes to wrongdoing like the frauds perpetrated by former Enron Chief Financial Officer Andrew Fastow .
In August Seattle federal Judge Thomas Zilly froze the promoter examination, essentially telling the IRS to lay off Isaacson while he was litigating the issues for his clients.
Judge Sim Lake, a by-the-books judge if there ever was one, will levy a verdict himself because Lay waved his right to a jury trial in hopes of a speedy decision on the bank fraud allegation.
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