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Old 04-21-2010, 06:01 AM   #1
ApS
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Cool Fewer Platitudes—More Facts...

It's a fact that a jury is massively kept from details in criminal cases.

One example:

If Erica's traffic stop had occurred while the jury had their day off, the judge would have been compelled to order a new trial. (Even after ordering that the jury not view any Media).

In the new trial, that traffic stop—and any and every previous offense—would have never been heard by a jury.

As to transcripts:

Reams upon reams of paper are produced in a single criminal case with the contents double-spaced—with 2" footers and 2" headers— and printed only on one side.

At a charge of a dollar a page, most of us aren't going to read of extensive voir dires without falling asleep. (Although a judge's voir dires can tell a juror what verdict to arrive at!)

As to the Constitution:
There is no explicit "presumption of innocence" in the U. S. Constitution.

Quoting Amendments 5, 6, and 14, Roman law—and Medieval Law—an implicit case was made in Coffin vs. US.

As to 'Prosecutorial misconduct':

Quote:
"...allegations of 'prosecutorial misconduct' too often surface as defense trial tactics that are superficially aired in the popular media. In truth, allegations of 'prosecutorial misconduct' are rarely substantiated and are confused with occasional 'prosecutorial error' which does not involve professional misconduct..."
http://projects.publicintegrity.org/...debarsb&aid=34

As to 'Defense misconduct':

Quote:
"... If a defense attorney errs, the court simply refers to it as ineffective assistance of counsel, ['Rule-3'], or some other less damaging word.

"If the court errs, the judge is not designated as having committed 'misconduct..."
http://projects.publicintegrity.org/...debarsb&aid=34

We'll never hear of the suborning of witness Erica, which can be done carefully through leading questions. "Suborning of a witness" is simply "private coaching".

A "blanket-denial" is a typical defense tactic, whose fingerprints can be seen in defense-witness testimony throughout this trial. (And by the attorney himself—on the very first day he was hired).

"Suborning of a witness" is an illegal act for any attorney, which typically would not be recorded or appear in transcripts. "Suborning of a witness" was one charge of many in a recent impeachment trial.
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Old 04-21-2010, 08:17 AM   #2
chipj29
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Quote:
Originally Posted by Acres per Second View Post
It's a fact that a jury is massively kept from details in criminal cases.

One example:

If Erica's traffic stop had occurred while the jury had their day off, the judge would have been compelled to order a new trial. (Even after ordering that the jury not view any Media).

In the new trial, that traffic stop—and any and every previous offense—would have never been heard by a jury.
Right, because the traffic stop has absolutely NOTHING to do with the boating accident. While parts of the story regarding the traffic stop may speak to her character, the 2 events are completely unrelated.
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