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» Entries tagged with "jurors"

Getting in Their Heads

Eric Turkewitz at the New York Personal Injury Law Blog published a guest post about whether jurors should be allowed to ask questions at trial. Apparently that doesn’t happen in New York. It sure does here in Arizona, as we’ve heard about ad nauseam because of the Jodi Arias trial. The guest-poster, Peter DeFilippis, concluded that increased juror participation would aid their judicial system in achieving the goal of providing justice for all. I can’t say that I disagree. I am a pretty big fan of jury questions because they’re wonderful little spoilers that help you know where to focus. I can also see how they help to connect jurors to what’s happening. The insight into the jurors’ thoughts that a system like ours … Read entire article »

Filed under: Arizona Cases, Juries, Trial

Food for Thought

A few Fridays ago, I spent the day in a very short jury trial. In that one short day, I was given more food for thought than I ever could have imagined. Between dawn and dusk, I strengthened a few existing beliefs, reconsidered many more, and even managed to drink a beer or two afterwards while trying to make sense of what happened. Here’s what I learned… You are entitled to a jury trial in an Arizona reckless driving case I initially told my client that I didn’t think he was actually eligible for a jury trial in a case involving a single count of class 2 misdemeanor reckless driving. I didn’t even believe he was actually going to get one when he showed me his hand-written pro … Read entire article »

Filed under: Prosecutors, Trial

Looking Foolish

There’s an experienced judge in a nearby jurisdiction who won’t rule in advance on whether he will allow the parties to ask their proposed voir dire questions. His position, which he makes very clear, is that he will rule on the questions when they’re actually asked. He isn’t kidding. If the state objects after you ask it, he rules. The opposite is also true. Otherwise, you can ask whatever you want. No ruling. It makes submitting your questions pointless, though every other judge in the jurisdiction orders you to do it in advance. I once asked him in chambers why he does it that way, and he said it was because he thought the parties should be bright enough to know what they can … Read entire article »

Filed under: Courts, Trial

Details

Jeff Gamso put up a post today that included, among other things, a portion of a detailed log about what one death row inmate did prior to his execution. For example, at 10:50:23, he asked for grape soda. At 10:55:36, he requested a “special meal” of a T-bone steak with A-1 steak sauce and a “Chief” salad with blue cheese dressing. Details like that make everything feel more real, and in this particular case, those details really humanize that man for me. Knowing his last meal does more to upset me about his execution than all the mitigation in the world. It drives home that the government killed a person. It’s hard for me to think that an evil monster would have a favorite steak sauce … Read entire article »

Filed under: Trial

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