Let's Debate the Police and Criminal Justice

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prussian advisor: Jan 15, 2007; The day you see a camera come into our courtroom, its going to roll over my dead body.

Ytlaya posted:

After all court proceedings, right before deliberations began, I was chosen as one of the two alternates (14 are chosen for the jury, with 2 randomly being chosen as alternates after the court proceedings and right before deliberations). In a way I'm kind of relieved that I won't potentially be involved in ruined this guy's life, even if he is guilty. On the other hand, I'll be really upset if the defendant ends up being convicted of attempted first degree murder, when I definitely wouldn't have settled for anything above attempted second degree murder (there was basically nothing proving that the shooter wasn't intoxicated or acting in the passion of the moment or something).

At the end, I'm left just feeling sort of empty about the whole thing. Even if the defendant was the shooter (which he probably was), the victim had specifically said that he didn't want to ruin his life or anything, or even prosecute in the first place. So given that prison isn't really rehabilitative, what is him being convicted of this crime going to accomplish? I guess it might prevent him from committing some other crime, but I have a strong feeling from watching the video that the defendant (if he was the shooter) was drunk or under the influence of something when he shot the victim.

Everything considered, being on a sequestered jury was a very unique experience. You end up talking with a bunch of strangers a whole lot when you don't have any internet access or TV. We got a lot of free food and the hotel they kept us at was nice. I'm still pretty relieved it's over, though.

edit: As a side note, I was kind of amazed at how similar the court proceedings were to the sort of stuff you see on TV and in major cases. Not in terms of having DNA evidence and stuff (our case only had the video and 4 witnesses - the victim + 3 police officers involved in the investigation), but in terms of the defense and prosecution giving these really involved speeches and objecting to things and what have you.

Thanks for posting this, I'm always fascinated to hear about people's experiences as juror in criminal (or civil) juries.

What were your impressions of the defense attorney and the prosecutor? Was there anything they said in particular that you found particularly persuasive? How did you feel about the constant objections and the dramatic speechifying? What was the defense's argument--that the shooter was someone else?

# ¿ Mar 2, 2015 14:04

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# ¿ May 14, 2024 05:39

prussian advisor: Jan 15, 2007; The day you see a camera come into our courtroom, its going to roll over my dead body.

Nonsense posted:

What are the laws surrounding the amount of time you can be held in jail?

Do you mean in terms of how long a jail term you can receive as a sentence, or how long you can be held in jail without bond pending trial?

The former is effectively limited only by the length of your life, although jails are holding facilities for short sentences and for people awaiting trial, with sentences longer than a year typically being served in state prisons. For the latter, it depends how quickly the defendant is willing to go to trial. Defendants being held without bond can demand a speedy trial, the federal right to a speedy trial is functionally meaningless and vague but every state usually sets comparatively strict specific limits. For example, in Florida it's 90 days from arrest for a misdemeanor, 175 days for a felony. However, it's very common for defendants to waive their speedy trial rights to get more time to prepare. It's common for accused murderers to sit in jail for years (at their own attorney's request) as their defense is prepared.

# ¿ Mar 4, 2015 02:12

prussian advisor: Jan 15, 2007; The day you see a camera come into our courtroom, its going to roll over my dead body.

What kind of barbaric shithole state do you practice in man? I can't conceive of a state system that allows prosecutors to waive a defendant's right to speedy trial on their behalf, or prioritizes witness availability. In Florida, you demand speedy once it has run, and the state has a 15 day recapture period to try you. If it doesn't, regardless of whether it's the state's "fault" or not (witness availability or no free space on a judge's schedule) the case is dismissed with prejudice. Period, no exceptions.

Nolle prosses don't implicate double jeopardy in any American system I'm aware of (jeopardy attaches when the jury is sworn, not when the case is filed,) but if you nolle prosse after speedy has run, you're foreclosed from refilling forever. It's where cases dismissed for speedy trial violations are dismissed without prejudice that the real bullshit begins, but the only system I'm aware of where that happens is the federal one, although I'm sure there are others.

# ¿ Mar 4, 2015 12:24

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