Saturday, June 07, 2008
Good News and Bad News
Unlike a lot of attorneys with over 20 years of courtroom lawyering, I still have a lot of faith in juries. I believe they are usually serious about the task and smart enough to do the job. There have been a few exceptions, on the West Coast particularly, which make you despair about our collective ability to have the wool pulled over our eyes, but generally they do good work.
The good news is that the retrial after a hung jury generally goes in the prosecution's favor. It is usually an issue overlooked by the prosecution which hangs up a jury and the prosecutors learn from the mistakes made and do a better job the second time. The defense, having pulled the wool, or the rabbit out of the hat, the first trial, rarely is able to invest another issue with the same appeal to the jury's lenient side and goes down the second time. Retrial in 6 months. We'll see how the second trial goes.
Labels: Invisible Jihad