There is No Trap Door in Superior Court

There is no trap door in Superior Court. trap door

This is not vaudeville, “Laugh In” or some totalitarian state.
HitlerAccused 1944

When someone lies in court, the opponent has to be prepared to confront them with a prior inconsistent statement made under oath somewhere during cross examination. That is not the same as arguing with them.

argument
Don’t expect the Judge to somehow magically know when a person is lying. Clairvoyance is not a requirement to take on the robes.
clairvoyant

Every month it seems someone appears in my office with a document someone has signed under oath, or declaration swearing the contents to be the truth “on pain of perjury” and declaring they have lied!

Truth is hard to find. One mans black is another mans white.

Star trek black and white

My Dad used to say that the reason we lawyers have jobs is one guy cannot see the other guys point of view. And that is why there are no trap doors or sudden death in civil or criminal law.

Modern fact finding is an advanced, yet frustrating concept. It takes time, and eventually there is some result. Better this way than by popular sentiment, strong man leadership or mob rule. French sloganguitene

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Juror Number 12 Never Returned, No She Never Returned

I read an article in my hometown newspaper today about juror misconduct leading to the guilty getting away with crime.

In one case the jury had deliberated for 2 hours and decided to take a break. Juror #12 never returned, the entire trial was over with no verdict, a mistrial. Now the state has to decide whether to spend the states resources to prosecute or cut the accused a deal. I am betting on the latter because that is what happened in another case of juror misconduct.

In the second case the accused was charged with a sex crime against his own daughter. The juror decided to conduct his own internet research on the nature of these cases at home during the trial. This effort to enhance what competent evidence was adduced at trial cost the state the verdict and meant the 6-year-old would have to testify all over again. After all the man has a right to face his accuser, twice it seems.

Instead the guilty plead to a lower charge and will spend about a third of the time in prison he would have otherwise spent.

 We doctors of the law spend a lot of time with the Rules of Evidence. We are careful about making sure the evidence is trustworthy, and candidly, we don’t really need any help. Some of the least trustworthy evidence I have seen is what someone decides to post on the internet, free from the vigor of cross-examination.

Like the Rules of Evidence, our system of laws has been developed over generations to be as fair and competent as possible. We need 12 good citizens to believe in that system and make a decision based on what they hear.

But good citizens seem to be in short supply. We are apparently so full of our rights we need not care about our civic duties.

Meanwhile I hope Juror #12 had a good afternoon because no one else did, she never returned and her fate is yet unlearned. It is good I am not deciding what to do about Juror #12.