» Entries tagged with "prejudice"

More Mimesis Posts

I’m still writing at Mimesis Law. Here are my latest posts: People sure hate sex offenders. Prosecutors really care about prejudicial video when it’s prejudicial to their case. Bad cop actually punished. Bill Cosby would like for the system to be fair in his case. Science makes people skeptical of crappy evidence, and for some reason that’s a problem. Full of sound and fury, signifying nothing. Irritating woman breaks law to whine to person who upset her by breaking the same law. To reveal or not to reveal? And today’s: Judge who said she’d be tough on crime does exactly the sort of awful stuff you’d expect. … Read entire article »

Filed under: Uncategorized

"Cloaked in the Shroud of Innocence"

For the most part, Arizona superior court judges instruct juries from the same basic set of instructions. Cases will have additional, different instructions depending on things like the relevant statutes, the facts of the case, and whether there are any lesser included offenses or special defenses involved, but most instructions are the same from one trial to another. There may be little variations, as many seasoned judges do them from memory or get bored reading verbatim, but any lawyer who tries a lot of cases is going to notice right away if a judge isn’t following the typical script. In every trial I’ve done, the judge has given the jury some variation of Arizona’s standard “Presumption of Innocence” jury instruction. Here it is: The law does not require a … Read entire article »

Filed under: Courts, Trial

Juror Questions

Every once in a while I come across a ruling that’s so unfair I can hardly believe what I’m reading. State v. Detrich, a 1997 Arizona Supreme Court case, contains one of those rulings. The defendant argued that the trial court erred in refusing to use his proposed jury questionnaire, which included questions about jurors’ racial attitudes, biases, and prejudices. The Court ruled against the defendant because he did not show that the trial judge’s failure to submit his questionnaire to the jury “resulted in a biased jury or rendered his trial fundamentally unfair.” The Court claimed the defendant offered no evidence of bias or prejudice of the jurors. Although the defendant argued there was no way of knowing whether they might have had some kind of racial animus … Read entire article »

Filed under: Arizona Cases

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