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November 19, 2010


The game is a great one and the rules and the regulations are also brilliant and superb and the task of criminal trial in a game,is great,eventually the Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law,and also the criminal procedure puts the burden of proof on the prosecution,so a great thing this is.

On your entry about the jury's "only opnuitoprty" to render a verdict, I have found that all too often a lawyer's closing will make that observation about their verdict being the "only opnuitoprty" to provide justice to the plaintiff, but neglect to either (a) provide the jury with some assessment of the "value" of the case and/or (b) fail to proper support that stated "value." I've seen it on both the defense and plaintiff's side where the summation will simply ask a jury to do "what's fair". The problem arises with that is that you will have at least 14 different versions (from each of 12 jurors, you and your client) of what exactly is "fair." I think it is better to state specifically what is just/proper/fair, and why. The "why" portion is particularly important when supported by expert or other evidence that is highlighted in closing, since it then looks like it is not your opinion, but rather an objective conclusion based on the evidence (which we all know is the province of the jury to consider).

I served on a jury a few sumrems ago. It was a trial for a guy charged with armed robbery and related offenses. The prosecution just didn't have enough evidence, and in my eyes, didn't argue a good case (probably because of a lack of good evidence, but it seemed to me that the prosecutor was unable to elicit good testimony from the victim). Was the guy guilty? Most likely. But they couldn't prove it beyond a reasonable doubt. While this pales in comparison to what happened in this rape case, and while it must be especially hard for the victim, I felt immense satisfaction, even pride, that I was a part of serving justice. And I recognize that, in my case, as with this rape case, it was justice for a guy that probably didn't deserve it. But this is our system.

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