There must be no room for dispute that the defendant knew their behavior was improper in order for them to be found guilty in a criminal case under the securities laws. The possibility that the defendant may have behaved willfully cannot even be raised by the jury.
One of the cornerstones of American criminal law is the right to a jury trial. The right to a fair trial by a local jury is protected under the Sixth Amendment. The Supreme Court has, however, had to make decisions over the years about when and how much bias on a jury is acceptable.
Generally speaking, juries in civil or criminal cases are not required to explain their decisions. The jury will render a straightforward decision (guilty/nonguilty or liable/notliable) and is not required to give a justification for its decision.
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