thwyperson's comments

thwyperson | 10 years ago | on: Jury Duty

Why do you presume to do the judge and jury's job for them, but with no access to the facts or judicial procedure?

My other fear is that what happens when, with access to the facts or judicial procedure, I determine that the defendant actually is guilty.

Please don't be complicit in that.

We'll see.

thwyperson | 10 years ago | on: Jury Duty

Does that possibility hold less weight with you?

In general no, in this specific case, yes, because the evidence is so overwhelming. Think "twenty dead bodies found buried in defendant's basement next to bloody knives with defendant's fingerprints." I know this might be an unsatisfactory response, but I really can't be more specific without pointing to the actual case and I don't want to get into specifics in case I do decide to assist.

thwyperson | 10 years ago | on: Jury Duty

Not quite jury duty but this story did strike a chord.

I'm someone who strongly believes, in theory anyway, in the presumption of innocence and that everyone is entitled to a strong defense. A prosecutor should have to earn a conviction. However I also feel strongly that perpetrators of some crimes, upon conviction, should face harsh punishments.

Earlier this week, we got a message from a defense attorney inquiring about our services to assist with a criminal case. There were no other details left, so we googled the attorney and found that this attorney is involved in a very high-profile criminal case defending someone accused of an extremely heinous crime. It's a Law and Order-type crime, and it happens to be in one of the category crimes that I find to be particularly egregious.

I'm torn. The part of me that believes in the right to a strong defense wants to assist, not necessarily because I support the defendant, but because the prosecutor shouldn't be a rubber stamp. The other part is wondering what happens if I help defendant get off and he hurts someone else.

We left a message with the attorney asking for more detail and haven't heard back. It may be that the attorney found someone else, decided our field won't help, or maybe just can't afford us. But if we do hear back, if we are able to assist, and if the attorney does want to retain us, I don't know how we'll respond.

I hope I have the courage to say yes. But I don't know that I do.

(throwaway account to mask my normal HN identity).

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