"When jury trials become team sporting events, we ALL lose."
This article from the NY Times illustrates the serious flaws in the criminal justice system, allowing many innocent people to be convicted and imprisoned. Meanwhile, the Netflix series, Making a Murderer, has swept the nation, opening the eyes of scores of people to the potential for serious miscarriages of justice.
This is a good thing, because as someone who has defended many people charged with serious crimes, I have seen first-hand how the egos of prosecutors and their "professional witnesses" in law enforcement can undermine the search for the truth and, ultimately, subjugate justice. The blinders go on. The goal becomes putting a win on the board, not letting the "other guy" get one over on. Some elected judges, unconsciously or not, become a "second chair" for the prosecution (Their most important endorsement is "law enforcement"). When jury trials become team sporting events, we ALL lose!
Most importantly, many jurors come to the courtroom conditioned with the notion that the police and prosecutor are the "home team", are inherently trustworthy. Thus comes the mindset: "The defendant must have done something, or he wouldn't be here. If the evidence is good enough for them, it's good enough for me."
Such jurors can often be weeded out in jury selection, and thankfully, most cases where acquittal is in order do result in "not guilty" verdicts. Nonetheless, more than ever, we need those "12 angry men" (and/or women). So I think a healthy dose of cynicism is the best antidote to prevent these injustices. But, as always, don't forget to bring one more thing to court: A damn good defense attorney.
This is a good thing, because as someone who has defended many people charged with serious crimes, I have seen first-hand how the egos of prosecutors and their "professional witnesses" in law enforcement can undermine the search for the truth and, ultimately, subjugate justice. The blinders go on. The goal becomes putting a win on the board, not letting the "other guy" get one over on. Some elected judges, unconsciously or not, become a "second chair" for the prosecution (Their most important endorsement is "law enforcement"). When jury trials become team sporting events, we ALL lose!
Most importantly, many jurors come to the courtroom conditioned with the notion that the police and prosecutor are the "home team", are inherently trustworthy. Thus comes the mindset: "The defendant must have done something, or he wouldn't be here. If the evidence is good enough for them, it's good enough for me."
Such jurors can often be weeded out in jury selection, and thankfully, most cases where acquittal is in order do result in "not guilty" verdicts. Nonetheless, more than ever, we need those "12 angry men" (and/or women). So I think a healthy dose of cynicism is the best antidote to prevent these injustices. But, as always, don't forget to bring one more thing to court: A damn good defense attorney.
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