Jury Duty

[Emo EMAW]

I was a juror for a double murder trial a couple years ago. It was pretty awful. Mother and her unborn child were killed and we had to look at the photos of the bodies from the autopsy, and the prosecution had to prove the fetus died due to the mother receiving two shots to the head. 

We took about 10 minutes to find the defendant guilty. He did not even testify in his defense.

Life or death sentence?

[puniraptor]

I was a juror for a double murder trial a couple years ago. It was pretty awful. Mother and her unborn child were killed and we had to look at the photos of the bodies from the autopsy, and the prosecution had to prove the fetus died due to the mother receiving two shots to the head. 

We took about 10 minutes to find the defendant guilty. He did not even testify in his defense.

well I don't want to do this 

[mocat]

I was a juror for a double murder trial a couple years ago. It was pretty awful. Mother and her unborn child were killed and we had to look at the photos of the bodies from the autopsy, and the prosecution had to prove the fetus died due to the mother receiving two shots to the head. 

We took about 10 minutes to find the defendant guilty. He did not even testify in his defense.

Life or death sentence?

It was not up to us. The judge informed us that in these type of cases, the family of the victim can press for the death penalty, but in this case I believe they did not. Either way the sentencing was to happen a few weeks after the trial, and the jury was not involved.

[Emo EMAW]

I was a juror for a double murder trial a couple years ago. It was pretty awful. Mother and her unborn child were killed and we had to look at the photos of the bodies from the autopsy, and the prosecution had to prove the fetus died due to the mother receiving two shots to the head. 

We took about 10 minutes to find the defendant guilty. He did not even testify in his defense.

Life or death sentence?

It was not up to us. The judge informed us that in these type of cases, the family of the victim can press for the death penalty, but in this case I believe they did not. Either way the sentencing was to happen a few weeks after the trial, and the jury was not involved.

I wasn't insinuating that you had any bearing over the sentence, just curious what he eventually got.  Missouri can be pretty hard on violent criminals.

[mocat]

I was a juror for a double murder trial a couple years ago. It was pretty awful. Mother and her unborn child were killed and we had to look at the photos of the bodies from the autopsy, and the prosecution had to prove the fetus died due to the mother receiving two shots to the head. 

We took about 10 minutes to find the defendant guilty. He did not even testify in his defense.

Life or death sentence?

It was not up to us. The judge informed us that in these type of cases, the family of the victim can press for the death penalty, but in this case I believe they did not. Either way the sentencing was to happen a few weeks after the trial, and the jury was not involved.

I wasn't insinuating that you had any bearing over the sentence, just curious what he eventually got.  Missouri can be pretty hard on violent criminals.

The jury was 10 females and 2 males, which I found to be representative of the relative eliteness of the prosecuting attorney vs the public defendant.
A few months later I was at Kennedy's (RIP) and I kept making eye contact with this girl who looked familiar and was a little bit older than me. We finally were like "do I know you?" and then we remembered we were on the jury together. We were both pretty pak'd and had a good bonding session to kind of exhale all of that weird vibe you get from such a sad case. "That [redacted] was so guilty omg right? How about a shot? WOOHOO!"

[DQ12]

He did not even testify in his defense.

Defendants rarely testify.

[mocat]

He did not even testify in his defense.

Defendants rarely testify.

yeah so far 0 out of 1 case that i've been a part of, the defendant testified

[Spracne]

He did not even testify in his defense.

Defendants rarely testify.

yeah so far 0 out of 1 case that i've been a part of, the defendant testified

Welp, sounds like all we need to seal this, then, is wacky and his gavel.

[mocat]

why don't defendants testify? i mean if you are innocent what have you got to hide?

[Emo EMAW]

why don't defendants testify? i mean if you are innocent what have you got to hide?

They don't prosecute innocent people, usually.

[porky morgan]

I was boss foreman of a jury trying a domestic terrorist/violent militia dude. He represented himself. You'd think he'd be kind of a badass but was a total idiot.

[Spracne]

why don't defendants testify? i mean if you are innocent what have you got to hide?

If the facts of the case as presented are sufficient

why don't defendants testify? i mean if you are innocent what have you got to hide?

They don't prosecute innocent people, usually.

Yup.  It's kinda silly, the whole jury thing.  It's like, hey, can we just all vote guilty and call it a day?  I've got 2 tix to the Yankees game and barely enough time to catch the train in time to meet my son at the ballpark.  Looks like rain.

[Rage Against the McKee]

why don't defendants testify? i mean if you are innocent what have you got to hide?

It probably is pretty hard to sound innocent when you are being questioned by a seasoned lawyer. It would also be incredibly nerve-wracking, especially in a murder trial where the outcome means so much. Nervous ticks could very easily make a jury think you are lying your ass off.

[Spracne]

why don't defendants testify? i mean if you are innocent what have you got to hide?

It probably is pretty hard to sound innocent when you are being questioned by a seasoned lawyer. It would also be incredibly nerve-wracking, especially in a murder trial where the outcome means so much. Nervous ticks could very easily make a jury think you are lying your ass off.

Yeah, some (most?) people really aren't fit to handle that situation.  I mean, look what happened to the witness/friend in the Trayvon trial.  James Carville esq. carved her up like a Thanksgiving turkey. 

[bubbles4ksu]

did chingon testify? white collar defendants often do.

[IPA4Me]

why don't defendants testify? i mean if you are innocent what have you got to hide?

It probably is pretty hard to sound innocent when you are being questioned by a seasoned lawyer. It would also be incredibly nerve-wracking, especially in a murder trial where the outcome means so much. Nervous ticks could very easily make a jury think you are lying your ass off.

Yep. Lawyers do a good job making dumb people look extremely dumb. I get to testify as an expert witness for my employer a few times a year. I cringe when the lawyers smell blood on the stand. It's pretty ugly

[Mr Bread]

He did not even testify in his defense.

Defendants rarely testify.

It's been more often than not in my experience that they do.  Maybe not much over half, but the majority even if ever so slightly.  It is often against the advice of counsel though.  I have never had it happen where I wasn't delighted that they did. 

[DQ12]

He did not even testify in his defense.

Defendants rarely testify.

It's been more often than not in my experience that they do.  Maybe not much over half, but the majority even if ever so slightly.  It is often against the advice of counsel though.  I have never had it happen where I wasn't delighted that they did.

Well you'd certainly know better than I would.

[Mr Bread]

He did not even testify in his defense.

Defendants rarely testify.

It's been more often than not in my experience that they do.  Maybe not much over half, but the majority even if ever so slightly.  It is often against the advice of counsel though.  I have never had it happen where I wasn't delighted that they did.

Well you'd certainly know better than I would.

I wouldn't be surprised to learn that it varies greatly from jurisdiction to jurisdiction. 

[mocat]

Do defense lawyers not realize that while your average Joe Jury Member MAY be swayed by a prosecuting attorney making your client look nervous, your average Joe Jury Member DEFINITELY will think it is odd that the defendant does not even attempt to defend him/herself?

[Spracne]

Do defense lawyers not realize that while your average Joe Jury Member MAY be swayed by a prosecuting attorney making your client look nervous, your average Joe Jury Member DEFINITELY will think it is odd that the defendant does not even attempt to defend him/herself?

Maybe, until the judge specifically instructs the jury that the refusal to testify should not be interpreted as an admission of guilt.  Then still, maybe.

[mocat]

Do defense lawyers not realize that while your average Joe Jury Member MAY be swayed by a prosecuting attorney making your client look nervous, your average Joe Jury Member DEFINITELY will think it is odd that the defendant does not even attempt to defend him/herself?

Maybe, until the judge specifically instructs the jury that the refusal to testify should not be interpreted as an admission of guilt.  Then still, maybe.

yeah that's weird because the judge said that, but the only thing i remember was that the defendant did not try to defend himself

[Rage Against the McKee]

I think Pistorius should have stayed off the stand. I'm not sure if you have that right in South Africa or not, though.

[Trim]

Do defense lawyers not realize that while your average Joe Jury Member MAY be swayed by a prosecuting attorney making your client look nervous, your average Joe Jury Member DEFINITELY will think it is odd that the defendant does not even attempt to defend him/herself?

Criminal defense lawyers realize that there may be some mocats on the jury (especially if the defense lawyer didn't eliminate all the mocats in voir dire) that will put weight into the defendant not testifying, but also realize that if the defendant does testify that mocats and non-mocats on the jury will get to watch their guilty client get destroyed on the stand and undoubtedly be found guilty.

And as was alluded to earlier, that's all because prosecutors generally only take the absolutely guilty ones to trial.  And not only the just the absolutely guilty ones, but the absolutely guilty ones where there's nothing weird with the case that the prosecutor can't overcome to get a conviction.

Notwithstanding all that, 12 Angry Men is a great movie.

[Rage Against the McKee]

Yeah, Jack Lemon was a hell of an actor.