Comments on: Jury Duty http://www.edery.org/2009/01/jury-duty/ For those interested in the business of making great video games. Entrepreneurial spirit a must. Wed, 08 Feb 2012 08:07:36 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Aaron Epstein http://www.edery.org/2009/01/jury-duty/comment-page-1/#comment-240422 Aaron Epstein Thu, 22 Jan 2009 05:07:55 +0000 http://www.edery.org/?p=791#comment-240422 I'm surprised they let the lawyer even be an alternate. Lawyers usually get dismissed during voir dire because they are thought to sway the jury deliberations based on the performance of the two lawyers, not the facts of the case. Funny that in this case the lawyer-alternate probably could have helped the jury overcome the incompetence of defense counsel. I’m surprised they let the lawyer even be an alternate. Lawyers usually get dismissed during voir dire because they are thought to sway the jury deliberations based on the performance of the two lawyers, not the facts of the case. Funny that in this case the lawyer-alternate probably could have helped the jury overcome the incompetence of defense counsel.

]]> By: Tom B http://www.edery.org/2009/01/jury-duty/comment-page-1/#comment-240229 Tom B Tue, 20 Jan 2009 23:02:54 +0000 http://www.edery.org/?p=791#comment-240229 I have done more than a little criminal defense work before dedicating myself exclusively to representing game developers. And you have really hit the nail on the head here. I used to do defense work in Federal Court...and when the indictment reads The United States of America vs. your poor f***ing client, there is no presumption of innocence...only the overwhelming weight of the presumption that your client would not be there if he was not guilty. Don't get me wrong, I had my fair share of acquittals...actually more than my fair share holding a 25% acquittal rate against a prosecutor's office with a 95% conviction rate. But for the most part acquittals come only when the prosecutor over promised in his opening statement or was shown to be BSing the jury during the trial. Once the presumption and the jury's trust was broken, it was usually impossible for the prosecution to regain the jury's trust. And that was all the "doubt" needed to secure an acquittal. That said, I sure pity anyone in that situation with a lawyer who does not know the rules and or know how to effectively question the state's witnesses. That is fast track to the jailhouse. Tom B I have done more than a little criminal defense work before dedicating myself exclusively to representing game developers. And you have really hit the nail on the head here. I used to do defense work in Federal Court…and when the indictment reads The United States of America vs. your poor f***ing client, there is no presumption of innocence…only the overwhelming weight of the presumption that your client would not be there if he was not guilty. Don’t get me wrong, I had my fair share of acquittals…actually more than my fair share holding a 25% acquittal rate against a prosecutor’s office with a 95% conviction rate. But for the most part acquittals come only when the prosecutor over promised in his opening statement or was shown to be BSing the jury during the trial. Once the presumption and the jury’s trust was broken, it was usually impossible for the prosecution to regain the jury’s trust. And that was all the “doubt” needed to secure an acquittal.

That said, I sure pity anyone in that situation with a lawyer who does not know the rules and or know how to effectively question the state’s witnesses. That is fast track to the jailhouse.

Tom B

]]> By: Count of Flanders http://www.edery.org/2009/01/jury-duty/comment-page-1/#comment-238735 Count of Flanders Fri, 09 Jan 2009 20:40:43 +0000 http://www.edery.org/?p=791#comment-238735 Good article. I myself am in the midst of a DUI charge (something I'm not proud of btw, and will never do again). I have yet to be convicted as I've plead NOT GUILTY so that I (my lawyer) can review the dash cam from the cop. As of yet, they've failed to provide this evidence. I did submit to the breath test (was intimidated to the possibility of losing my license for a WHOLE year versus 6 months). If my lawyer is competent, and there is no hard evidence of my actions during testing, a guy my size should've been way under the limit (due to my intake that fateful evening). I think I might have a case the machine is defective, or administered incorrectly. I don't know; one thing I do know is this waiting game is murder on my psyche, and only being able to drive back/forth to work sucks. My advice; never NEVER EVAR! drink and drive. Sport the cash for a cab, or call anyone you know for a ride home. It freakin' sucks, and it's terribly humiliating. Good article. I myself am in the midst of a DUI charge (something I’m not proud of btw, and will never do again). I have yet to be convicted as I’ve plead NOT GUILTY so that I (my lawyer) can review the dash cam from the cop. As of yet, they’ve failed to provide this evidence. I did submit to the breath test (was intimidated to the possibility of losing my license for a WHOLE year versus 6 months). If my lawyer is competent, and there is no hard evidence of my actions during testing, a guy my size should’ve been way under the limit (due to my intake that fateful evening). I think I might have a case the machine is defective, or administered incorrectly. I don’t know; one thing I do know is this waiting game is murder on my psyche, and only being able to drive back/forth to work sucks.

My advice; never NEVER EVAR! drink and drive. Sport the cash for a cab, or call anyone you know for a ride home. It freakin’ sucks, and it’s terribly humiliating.

]]> By: DM2 http://www.edery.org/2009/01/jury-duty/comment-page-1/#comment-238697 DM2 Fri, 09 Jan 2009 13:20:25 +0000 http://www.edery.org/?p=791#comment-238697 In the UK failure to supply a sample of breath when required by a police office has the same punishment as DUI so the only 'advantage' to not providing one, would be if you were very far over the limit and didn't want an increased sentance. As to this guys case it certainly seems he didn't get a fair trial, as is often the case the legal system is weighted against those who need the most help with it :( In the UK failure to supply a sample of breath when required by a police office has the same punishment as DUI so the only ‘advantage’ to not providing one, would be if you were very far over the limit and didn’t want an increased sentance.

As to this guys case it certainly seems he didn’t get a fair trial, as is often the case the legal system is weighted against those who need the most help with it :(

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