Mark Bennett | January 20, 2009
A rookie lawyer mistake that I see even experienced lawyers on both sides of the criminal bar make is this: confusing “legally sufficient evidence” with “proof beyond a reasonable doubt”. The prosecutor points to a case saying that similar evidence was legally sufficient as proof that the accused will be convicted; the defense lawyer acquiesces [...]
Category: Law, criminal practice, jury instruction, jury trials |
1 Comment »
Tags: legal sufficiency
Mark Bennett | December 10, 2007
From McClung’s Texas Pattern Jury Charges:
You are instructed that our law provides that the failure of the defendant to testify shall not be taken as a circumstance against him, and during your deliberations you must not allude to, comment on, or discuss the failure of the defendant to testify in this cause, nor [...]
Category: Fifth Amendment, jury instruction |
9 Comments »
Tags: Fifth Amendment
