Defending People

the tao of criminal defense trial lawyering

In Trial*

I’m in trial* on a white-collar criminal case. It is not an easy case, but sometimes we have to try the tough cases.

I’ve got to wonder why the prosecutor left on the jury two jurors who admitted that they couldn’t consider the top end of the statutory punishment range (i.e. life in prison). Maybe he wants to give me a fighting chance?

Nice of him.

A good day in trial is pretty darn good. Unfortunately, good days in trial are often followed closely by bad days.

*That’s “on trial” for all youse yankees and Chicagoans.


About The Author

Mark Bennett
Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

2 Responses to “In Trial*”

  1. Michael says:

    Voir dire’s a funny animal. Maybe he didn’t think it was a max case; maybe he trusted the other jurors to twist their arms; maybe he saw the veniremen at the last underground meeting of Texas Tort Deform and knew they were lying when they made the secret “signal” during the oath.

    Had my first CPS jury trial last June. I finished my voir dire with “Finally, how many of you sitting here now, not having heard any of the evidence, have already decided who you think should win”. Guess how many raised their hands. Did you say 15? Go to the head of the class.

  2. Tarian says:

    My hunch is, Michael’s first guess is right. If it’s not a max case, but the jurors are good for you otherwise, then why challenge them? Time will tell.