Defending People

the tao of criminal defense trial lawyering

Meet Your Next Jury Panel

Mark Bennett | December 6, 2009

Jeff Gamso writes about birthers, (political) teabaggers, truthers, Flat-Earthers, alien abductees, and other unshakeable believers in alternate realities (21% of New Jerseyites surveyed weren’t sure that Barack Obama is not the Anti-Christ). What set Jeff off is that Arlington, Tennessee Mayor Russell Wiseman is one of these nutjobs.
What sets me off is that lots of [...]

The Law on Poisoning the Jury Pool

Mark Bennett | February 11, 2009

In WWDYT: The ethics of the post-trial jury reveal — Public Defender Stuff ambimb asks:
Is it ethical for a prosecutor to reveal to a jury after that the person they just convicted or acquitted had prior criminal convictions that were excluded from evidence?
Okay, listen up, Harris County prosecutors, because one of you is going to [...]

That’s Why Prosecutors Shouldn’t Try POM Cases

Mark Bennett | May 7, 2008

From Brian Rogers of the Houston Chronicle, Prospective juror in pot trial caught smoking marijuana (during a break, she stepped outside the building to smoke some weed, and got arrested).

Juror Misconduct

Mark Bennett | December 8, 2007

Gideon brings us this atrocious story out of Illinois about a juror coming forward, 15 years after his jury duty, to testify in a postconviction proceeding that he and two other jurors had believed that the defendant was innocent of the armed robbery but after deliberating for over nine hours, had changed their votes to [...]