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» Entries tagged with "objection"

You’re Screwed Just The Same

Accomplice liability must be a tough thing to grasp, as I often hear defendants argue about how they shouldn’t be sent to prison for various things because it wasn’t totally their fault. They didn’t kidnap the victims, they just continued to hold them against their will after someone else snatched them. They didn’t assault the victims themselves, they just drove their co-defendants to the victims’ house to do it. I could go on and on. Addressing those sorts of arguments, I sometimes hear prosecutors and judges say that it didn’t matter to the victims who made what decision and who took over which responsibilities; they’re awful crimes, and all participants should face the music. In one case, the prosecutor asked, “do artificial distinctions comfort someone in a … Read entire article »

Filed under: DUI, Police

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

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