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That can be a good and bad thing - it is bad because we don’t have a standard. However, it can be good for a seasoned criminal defense attorney that knows how to craft a persuasive discussion in jury selection to persuade jurors to find doubt around every corner.
Think about it - the prosecutor, the judge and the defense attorney will tell you the standard to convict someone is proof beyond a reasonable doubt but they don’t define what that means. In practice, it will mean whatever that individual juror wants it to mean - you get what I’m saying?
With that in mind, there are several jury selection techniques that can be used by experienced criminal defense attorneys that will provide a strong defense at the very beginning of a trial to give you the best chance of receiving a not guilty verdict.
I am going to give you some examples of how to weave the presumption of innocence in with the government’s burden to prove the case beyond a reasonable doubt to achieve a not guilty verdict.
Let’s start by examining an example of a murder case where self-defense is being argued. Here is an argument we have used and an example of a conversation we have had with a juror during jury selection:
Ms. Jones is not required to prove anything in this case, not even that she shot in self-defense. In fact, the district attorney is required to prove that Ms. Jones did not shoot in self defense. Why? Because in our country, a person charged doesn’t have to prove anything. Does that surprise you
Ms. Peterson? What do you think of that?
Presumption of innocence - someone is presumed innocent, what does that mean to you? Presumption means that we believe that she is innocent. The word “believe” is what it is about, we believe her to be innocent.
It’s hard to believe someone innocent because we have never met Ms. Jones, heard from her, had lunch with her, etc. How do we presume her to be innocent? Is that hard to do?
We don’t really do that - we presume them to be guilty - we read in the paper that they were charged and we say “that dirty dog.” We just assume that the district attorney’s office only prosecutes guilty people and that the press or police always charge the right people. I will admit that is how my mind works - I say, hey look what he did, not what he was charged with.
Insert examples of Duke Lacrosse team, the Jon Benet Ramsey parents and the Innocence Project exonerating many life sentences.
Beyond a Reasonable Doubt (more) - the life of Ms. Jones rests on your understanding and application of these words and your definition of those words in your mind. Can you think what it might be like to have your life or future rest on the definition of 3 simple words? How would that feel? What does it mean to you Mr. Juror? Already we see the confusion. Imagine how Ms. Jones feels when Ms. Jones hears each of you give different meanings to these words? Have any of you gone to bed at night and just as you are going off to sleep, you wake up and wonder if you set the alarm to wake up in the morning? You say that you remember setting the alarm and the numbers on the clock to set, you know you set the alarm. Then why are you questioning it? The law does not permit me to give you a definition of beyond a reasonable doubt. However, will you make the prosecution prove their case beyond a reasonable doubt?
Can you envision the time when you go back to the jury room at a large table and you just elected a foreperson and you begin deliberating and someone says, Ms. Jones claims that she shot in self-defense but she didn’t prove anything or bring any evidence or take the stand - so I vote we find her guilty. If someone said this to you, what would you say to them? Wouldn’t I hear you say something about the law stating that Ms. Jones doesn’t have to prove anything and the prosecution has to prove it?
00:00 How To Create Doubt For A Not Guilty Verdict!
00:25 Jury Selection Is Critical!
01:42 No Definition For “Beyond A Reasonable Doubt”
03:52 Murder Case Arguing Self-Defense
04:47 “How Do You Feel About That…”
06:10 Duke Lacrosse Team Example
6:34 Jon Benet Ramsey Case
11:22 Strike For Cause
11:30 Peremptory Challenge
15:34 You Only Need 1 Juror!
15 авг 2024
