A great week for Criminal Defense Ideas

In my office, I spend a lot of time trying to overcome certain obstacles. In the end, it all comes down to jury perseptions and so many think, "Why would someone confess to a crime they didnt commit," and "Why would the police lie?" These pressumptions often stand as ugly presdispositions against our clients who may have made some sort of confession, or pissed off a cop enough to get him to make up details about something that may not have ever occurred.

It is a good week for us.

First of all, Slate.com examines the police failure and fraud that led the New York Times to pass judgment far too quickly in the scandal regarding the Duke Lacrosse team. Apparently the cops made some screw ups and have been contradicting themselves throughout the investigation. WHAT? NEVER! And yet, I am willing to bet good money on the fact that when these officer's are called to the stand, they will testify unequivically in the case against the players. There's a lesson to be learned here: Cops are just people, like any one of us, no more or less trustworthy than you or I. We also see a key witness (the other exotic dancer) hedging her exculpatory testimony because the prosecutor is offering her a deal in another case... Not unusual in the least: she's essentially being bribed not to exonerate the defendants.

Secondly, turns out that wierdo crazy-person John Mark Karr made a false confession in the JonBenet Ramsey case. Why? Who knows... But false confessions happen. People may be intimidated by authoritites interrogating them, they may have some sort of delusional psychosis, they may be high and/or intoxicated during questioning... We are watching a tape in my Evidence class where the defendant alledgedly confessed immediately after his brother died... But listening to the tape there is no doubt that this guy was grief-striken and definitivel beyond himself... But juries largely believe anything that is touted as a "confession." At least in the Karr case (as opposed to the Duke Lacrosse case) the prosecutor recognized that he didnt have a case and dismissed the charges.

Maybe these stories will help remind people that our system of justice is not infallible.

Musical Fodder for my Writing:
"Untitled" Fuel,
Sunburn