tag:blogger.com,1999:blog-6316617410436977874.post4763647419369819342..comments2024-03-25T02:53:26.373-04:00Comments on Women in Crime Ink: Mystery Man - Robert HirschhornUnknownnoreply@blogger.comBlogger28125tag:blogger.com,1999:blog-6316617410436977874.post-11686311773344080572008-04-29T22:49:00.000-04:002008-04-29T22:49:00.000-04:00I think the only offensive statement here was "I p...I think the only offensive statement here was "I pick jurors who have college degrees or higher degrees" (should actually be a paraphrase, but you get the point)<BR/><BR/>I dropped out of highschool. I finally got my GED and went to a podunk community college. I have met some educated people who are incredibly dumb and ignorant. <BR/><BR/>I understand the concept that the accused has to be represented and I don't need a degree to get "it" either. I am also knowledgable about a whole lot of different things even though I am self taught. <BR/><BR/>There are a bunch of blue collar and uneducated people out there who have made the right decisions in the justice system. Be it a guilty verdict or a non-guilty verdict.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-20082397874803211802008-04-29T14:59:00.000-04:002008-04-29T14:59:00.000-04:00Judge Criss - what surprised you more....when Bobb...Judge Criss - what surprised you more....when Bobby DUrst was found not guilty............or after the trial when he came up to you in Houston at the mall???? didn't he know he was violating his probation??? what did he say to you? do you think he will kill again???Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-19229908219616029382008-04-29T13:28:00.000-04:002008-04-29T13:28:00.000-04:00I don't know the number today but in Harris County...I don't know the number today but in Harris County, Texas, the number of pleas in criminal cases was over 90%stan schneiderhttps://www.blogger.com/profile/08956989835329460353noreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-89316337216301075242008-04-29T00:17:00.000-04:002008-04-29T00:17:00.000-04:00When I was a very young prosecutor I had to try a ...When I was a very young prosecutor I had to try a very serious DWI case where an accident had occurred. I was nervous about picking the jury. I did not have a lot of experience. I stayed up late the night before reading all of Cat Bennet's books and articles about jury selection. I walked into the courtroom determined to try her methods. I did not have a great case. But I was certain that her techniques would give me the advantage I needed.<BR/>Then I looked out at the jury panel. I was shocked. Sitting in the second seat on the front row was Cat Bennet. <BR/>I was too nervous to try her methods with her sitting there. I just wanted it to be over.<BR/>She raised her hands to ask question after question. I did not want to call on her. I was sure she would see my case had problems. But I could not ignore her since she was sitting in front of everyone else. I do not even remember if won or lost. But I will never forget the feeling of panic when I saw her in the courtroom..<BR/>She was a great lady and I admired her very much.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-80136966879981667592008-04-28T17:20:00.000-04:002008-04-28T17:20:00.000-04:00"I will believe that our system of justice works."..."I will believe that our system of justice works."<BR/><BR/>Okay, that's a valid rationalization, but that wasn't actually my question.<BR/><BR/>"Are you saying you're NEVER faced with an internal moral ambivalence with regard to such things?"<BR/><BR/>That was my question. (Thanks, A.)<BR/><BR/>"Stan, you say that most people accused of a crime plead guilty. I question the accuracy of this statement. Can you explain it further, perhaps offer statistical data or another compelling source?"<BR/><BR/>Ditto here.<BR/><BR/>And what Jan said.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-32937183208758119002008-04-28T16:40:00.000-04:002008-04-28T16:40:00.000-04:00I agree Jan.Stan, you say that most people accused...I agree Jan.<BR/><BR/>Stan, you say that most people accused of a crime plead guilty. I question the accuracy of this statement. Can you explain it further, perhaps offer statistical data or another compelling source?<BR/><BR/>Katherine, with all due respect, you've skirted around the question at hand. Rather than answering how you FEEL, you've stated what you choose to believe, etc. <BR/>We all know, and have discussed this before, that the jury has access to much less information than you have. Much evidence never makes it to their ears, not because it isn't relevant, but because of some technicality that works on behalf of the accused. <BR/>We KNOW the veracity of one's constitutional rights, etc. Are you saying you're NEVER faced with an internal moral ambivalence with regard to such things?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-39143226355481009652008-04-28T16:17:00.000-04:002008-04-28T16:17:00.000-04:00I can't name a better system. But that doesn't mea...I can't name a better system. But that doesn't mean we can't improve on the one we have. If our system works 70% of the time, then we need to find a way to make it function better the other 30%. It isn't OK to have innocent people in prison or guilty people walking free.Jan Chttps://www.blogger.com/profile/08709096924012665773noreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-61494019618856577182008-04-28T13:54:00.000-04:002008-04-28T13:54:00.000-04:00Oh, and how do I feel about a person who I may th...Oh, and how do I feel about a person who I may think is guilty walking out of the courthouse? I will believe that our system of justice works. No one system is perfect. Look at the Middle East - you want a hand cut off = no trial, no burden of proof - just cut off a portion of your body if you are accused of committing a crime - like adultery, minor theft, etc.So, our system is a good one - as I said - not perfect - but it works better than any other one you can name....so, name one better!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-2884215989690035162008-04-28T13:51:00.000-04:002008-04-28T13:51:00.000-04:00Good morning everyone. Sorry, but I actually had ...Good morning everyone. Sorry, but I actually had to do some work this morning! I have read what everyone wrote, including my friend, Stanley, and I understand that it is curiosity that makes you ask "how do you feel when a guilty person walks?" Maybe you will agree with me that the jury hears the evidence and makes a decision, right? Then, go one step further - you have the basic right to have the State prove guilty beyond a reasonable doubt - not a "maybe" level of guilt - I did not make that up. That is our standard of proof since we have been a nation. I tell juries that their verdict of Not Guilty is not a moral decision. It is a legal decision based on law and facts. Not Guilty means "Not Proven". If you start laughing and saying - well, that's a joke. Would you want someone in the US to actually be convicted on lesser proof? ok, that's enough for a starter!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-59357939210318205412008-04-28T13:12:00.000-04:002008-04-28T13:12:00.000-04:00Stanley Schneider says:"I have wrestled with the q...Stanley Schneider says:<BR/>"I have wrestled with the question that you ask many times- how do I feel when a guilty person walks free."<BR/><BR/>I appreciate your acknowledgment of this Stanley. Thanks for showing us the human side of defensive law.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-49179709723415536262008-04-28T11:47:00.000-04:002008-04-28T11:47:00.000-04:00There are many ways to represent a person accused ...There are many ways to represent a person accused of a crime. Most people plead guilty. Often the only ones that get public hear about are the more bizarre or unusual facts. It is important to remember that the criminal defense lawyer not only defends his client but defends all of us because the lawyer is defending the constitution. At times the police or prosecutors do not follow the law. And, when a jury or judge makes a mistake, a person may be locked up for a very long time or even executed. For example in the case of Victor Saldano, the State of Texas presented evidence that the jury could consider Saldano's race as evidence that he would be a future danger. As a society can we allow that to him. A federal judge ordered that Saldano be resentenced. At the second trial, a jury sentenced him to death again. <BR/> <BR/>I have wrestled with the question that you ask many times- how do I feel when a guilty person walks free. That is a question that many lawyers wrestle with - how to defend the undefendable and put the government to its task of proving guilt, responsibility and appropriate punishment..Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-57222980989260181272008-04-28T11:25:00.000-04:002008-04-28T11:25:00.000-04:00Well, I'd like to believe that the moral thought i...Well, I'd like to believe that the moral thought is entertained, at least by some defense attorneys. (Or, at least, that Johnnie Cochran was the exception to the rule, LOL) I'd like to know how they cope with that question, because it's implausible, to me, that an intelligent, educated person wouldn't have doubts in some cases.<BR/><BR/>In all fairness, Ms. Scardino may just not have had the time to answer, so I'll wait and see. :-)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-52469338786438750112008-04-28T11:16:00.000-04:002008-04-28T11:16:00.000-04:00Maybe the answer is in the non-answer Leah? Maybe...Maybe the answer is in the non-answer Leah? Maybe the moral thought is never entertained?<BR/><BR/>I can only guess, since no answer seems to come of this question...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-35000869002163401262008-04-28T10:54:00.000-04:002008-04-28T10:54:00.000-04:00There are several aspects to representing a defend...There are several aspects to representing a defendant. Initially you want to make sure their civil rights aren't violated, that they are read their rights, etc. <BR/><BR/>Beyond that, I am asking the same thing you are Rae....if you are defending someone you know to be guilty [or even suspect] and you manage to win an aquittal, legally you know you have done your job, but morally how do you feel about it? I realize you can tell yourself that 12 jurors are the ones that ultimately made the decision, but how do you cope with that?<BR/><BR/>That is all I am asking.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-15378219926962402282008-04-28T10:08:00.000-04:002008-04-28T10:08:00.000-04:00Well this sure sounded like bashing to me. "A- The...Well this sure sounded like bashing to me. <BR/><BR/>"A- There is your answer. NO! They feel no remorse or responsibility because they didn't let a guilty man walk free. 12 jurors did. How convenient!"<BR/><BR/>Do YOU feel remorse when you do your job well? If you want to rail against the way our justice system is set up, I will agree with you completely. But I won't sarcastically bash a defense attorney for doing their job to the best of their ability. In fact, I think the law requires that.Jan Chttps://www.blogger.com/profile/08709096924012665773noreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-3420516416471897462008-04-28T09:50:00.000-04:002008-04-28T09:50:00.000-04:00Jan said it, not you. Sorry about the way I wrote ...Jan said it, not you. Sorry about the way I wrote that.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-5018637652380900892008-04-28T09:22:00.000-04:002008-04-28T09:22:00.000-04:00Uh...I didn't say you were bashing anyone's integr...Uh...I didn't say you were bashing anyone's integrity, Leah. <BR/><BR/>I am disturbed, as well, when someone like Durst walks free. But, I fully expect that any and all defense attorneys play to win. That's their job-to defend their client to the best of their ability. It's definitely what I would expect if I were ever in the position of needing an attorney to defend me, and I'll bet you would say the same. Would you really want your defense attorney to walk into the courtroom with the attitude of "Well, I'll just sit back and let the chips fall where they may and hope we win"?<BR/><BR/>Prosecutors are always seeking "the win", too, and, let's face it, there are many times when someone is wrongfully convicted, yet I don't see anyone painting prosecutors with the same brush as defense attorneys.<BR/><BR/>In the case of someone like Durst, the prosecutor was there, too. Perhaps, just perhaps, part of the circumstances that led to the jury's verdict was that the prosecutor failed to meet the burden of proof.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-68504549686075503642008-04-28T08:50:00.000-04:002008-04-28T08:50:00.000-04:00Rae, that is exactly the question A and myself hav...Rae, that is exactly the question A and myself have been asking. It isn't that we are bashing the defense attorney's integridy.<BR/><BR/>As an ordinary citizen, I am disturbed when someone like Durst walks free. It is hard to feel safe and have confidence in our judicial system when it appears that "the win" in all a defense attorney is seeking. That isn't exactly justice.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-75675468721249587382008-04-28T00:39:00.000-04:002008-04-28T00:39:00.000-04:00Katherine Scardino says to A:"I have come to belie...Katherine Scardino says to A:<BR/>"I have come to believe that you will never understand or believe the basis of our constitution..."<BR/><BR/>Aside from the blatant insult of this statement, do YOU honestly believe that our forefathers, the very authors and visionaries of our Constitution, had our present day courtroom theatrics in mind, when they set out to establish our democracy?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-88594011113903590102008-04-27T22:11:00.000-04:002008-04-27T22:11:00.000-04:00I agree, in a perfect world, that the jurors would...I agree, in a perfect world, that the jurors would be intelligent and educated. However, I've seen enough Dateline interviews with jurors after the fact, not to mention Court TV, where you wonder how these people survive. Does anyone remember the Scott Peterson trial and the juror, Strawberry Shortcake? Talk about someone a few slices short.Jan Chttps://www.blogger.com/profile/08709096924012665773noreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-55363917642507673132008-04-27T22:01:00.000-04:002008-04-27T22:01:00.000-04:00I have a question for Ms. Scardino, and it is not ...I have a question for Ms. Scardino, and it is not intended to be derogatory towards defense attorneys, but simply something I've always wondered about.<BR/><BR/>Even when you rightly attach the presumption of innocence to a client, surely there must be times when, in your own mind, you might have a seed or two of doubt about that innocence? How do you cope with that?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-66088579202720150722008-04-27T21:58:00.000-04:002008-04-27T21:58:00.000-04:00Thanks for that, Katherine S.Just so we're clear h...Thanks for that, Katherine S.<BR/><BR/>Just so we're clear here: I have no "following". I'm merely a person with a point of view. <BR/>You find reason, cause and passion to do what you do. Great. <BR/><BR/>I find irony here, yet again. If justice in truly in the hands of a jury of one's peers, then why the need for such expertise and analysis in the (de)selection process?<BR/>Why not draw a dozen names from a hat, from the general demographic of one's neighborhood, and let the chips fall where they may?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-82742705164771904392008-04-27T21:47:00.000-04:002008-04-27T21:47:00.000-04:00Thank you Jan - I think....The truth about picking...Thank you Jan - I think....The truth about picking juries - I always try to get the best educated jury I can possibly get. The last serious trials I've had, all my jurors have at least been college educated, and some had higher degrees. I want jurors who are smart so they can intelligently analyze the evidence. I never want uneducated people. So, when I say that jurors are the ones who make decisions - using the law and evidence - it really IS the jurors. I am not allowed to vote, neither is the prosecutor nor is the judge.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-7727516967526340132008-04-27T20:41:00.000-04:002008-04-27T20:41:00.000-04:00Our justice system isn't the fault of defense atto...Our justice system isn't the fault of defense attorneys. They work within established rules. It is the system that is broken. We leave the fate of the defendant in the hands of a jury of people; many who may not even be qualified to make toast, much less understand the complexities of law. I don’t know what the answer is, but I do know that bashing the integrity of the men and women who defend the accused isn’t it.Jan Chttps://www.blogger.com/profile/08709096924012665773noreply@blogger.comtag:blogger.com,1999:blog-6316617410436977874.post-72646846772759976012008-04-27T20:24:00.000-04:002008-04-27T20:24:00.000-04:00A- There is your answer. NO! They feel no remorse ...A- There is your answer. NO! They feel no remorse or responsibility because they didn't let a guilty man walk free. 12 jurors did. How convenient!Anonymousnoreply@blogger.com