tag:blogger.com,1999:blog-6251675227852122352.post6527958850624513719..comments2024-01-05T06:18:18.086-05:00Comments on CommentaramaPolitics: Through the Legal Looking Glass: Special Story Telling EditionAndrewPricehttp://www.blogger.com/profile/11312364467936820986noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-6251675227852122352.post-45966545737957698322009-06-18T14:38:37.911-04:002009-06-18T14:38:37.911-04:00Skinner,It highlights one of the problems of the h...Skinner,<br><br>It highlights one of the problems of the human condition -- we rely too much on others to tell us what to think.<br><br>Don't get me wrong, juries really are conscientious and thoughtful, despite what you hear in the media. But they can be swayed. So imagine how easy it is to sway people when they aren't paying careful attention.AndrewPricehttp://www.blogger.com/profile/11312364467936820986noreply@blogger.comtag:blogger.com,1999:blog-6251675227852122352.post-76541521276993517082009-06-18T00:59:49.747-04:002009-06-18T00:59:49.747-04:00I had to laugh a little after reading about Andrew...I had to laugh a little after reading about Andrews Pavlovian jury. It's oddly funny yet a little scary at the same time. <br><br>To watch people conditionally respond to things with out communication, helps bring into focus why the MSM had been so successful for so long.<br><br>Unfortunately to many people are like sheep that can be led without a word being spoken.Skinners 2 Centshttp://www.blogger.com/profile/06637561284569976324noreply@blogger.comtag:blogger.com,1999:blog-6251675227852122352.post-31197359473357197072009-06-18T00:38:42.837-04:002009-06-18T00:38:42.837-04:00Jed,This isn't legal advice (and I haven't...Jed,<br><br><i>This isn't legal advice (and I haven't researched it), it's just my views on the news -- so don't rely on it.</i><br><br>I don't know that Stallworth's sentence is all that unusual. Indeed, the sentence is probably not a bad deal for either side.<br><br>First, keep in mind when assessing any deal that the prosecutor has to be able to prove the case. In this instance, the pedestrian wasn't in the cross walk and supposedly jumped out in front of the vehicle. That's a difficult case to prove, so the defendant is likely to get a good deal.<br><br>Proving the DUI should be easy, but DUI is routinely pled down. In most places, your first DUI gets pled down to reckless, with just a fine. The next DUI often ends up with a minor jail sentence that is usually suspended, plus some temporary loss of license (like 90 days). It's the third one where things start to get serious, and you do jail time (6 months to several years), plus the "permanent" loss of license.<br><br>So if this was just a DUI or second DUI, then the deal would be horrible. But, when you combine DUI with a death, you get a vehicular manslaughter charge that can jack the sentence up considerably -- if it can be proven. Since proof would have been difficutl in this case, a good deal was likely. 30 days (probably really 15) with a couple years probation is not a bad deal for either side in those circumstances, and is probably what you or I would get with an experienced lawyer.<br><br>On the license, it used to be that you could move to another state and no one would know. But now there is a computer system that links all but 2-3 states. If you are suspended or revoked in one state, the others won’t issue you a license until you "resolve the problem" back in the old state.<br><br>That said, "permanent" doesn't really mean permanent. In most states it means 1-2 years. Also, you can often start driving again sooner if you get a device installed in your car that checks your breath for alcohol before the engine will start.AndrewPricehttp://www.blogger.com/profile/11312364467936820986noreply@blogger.comtag:blogger.com,1999:blog-6251675227852122352.post-7903851316369297182009-06-17T23:01:42.166-04:002009-06-17T23:01:42.166-04:00Personally, I couldn't get into Raising the Ba...Personally, I couldn't get into Raising the Bar. I do, however, remember some pretty interesting civil case issues on the old L.A. Law show. As an insurance guy, I remembered one particular case where Jimmy Smits' character defended a pajama maker in a products case brought on behalf of a young boy who was badly burned in a fire. The famous plaintiff's attorney also happened to be a midget (which he used to full advantage.)<br><br> My recollection at the time was that it really did a nice job of portraying the dilemma involved; e.g. feeling sorry for a horribly scarred 8 year old vs. the fact the manufacturer was not really negligent. (the kid was playing with matches and the pajamas met all standards for being flame retardant. Of course the plaintiff won the case through his skill rather than on the merits.Tennessee Jedhttp://www.blogger.com/profile/10604275115906776992noreply@blogger.comtag:blogger.com,1999:blog-6251675227852122352.post-15641414078650758072009-06-17T22:45:05.449-04:002009-06-17T22:45:05.449-04:00Love to hear your thoughts on a legal issue from t...Love to hear your thoughts on a legal issue from today's headlines. UT grad and professional football star John Stallworth was sentenced to 30 days in jail, community service and several years of probation, plus lifetime suspension of his driver's license for vehicular manslaughter while D.U.I. He paid an undisclosed amount to the family of the man he killed. To his credit, Stallworth did not flee the seen, called 911 and totally cooperated with police. All in all, that's not a bad result in my mind. However, can he just get a license in a different state? Given his wealth, he was able to pay a large amount to the family (not a bad thing, but they did in turn state their desire to put it behind them.) My concern is, if a man without resources acted exactly the same way, would he get as good a deal in terms of virtually no jail time? This all gets to the issue of buying a more favorable sentence.Tennessee Jedhttp://www.blogger.com/profile/10604275115906776992noreply@blogger.comtag:blogger.com,1999:blog-6251675227852122352.post-76601431963670389202009-06-17T18:26:21.412-04:002009-06-17T18:26:21.412-04:00Patti,There are tricks. First, you ask the judge ...Patti,<br><br>There are tricks. First, you ask the judge before the trial to prevent that kind of testimony. That puts the witness/attorney on a tighter leash.<br><br>Second, you try to object during the question to stop it getting out.<br><br>Third, you try to assert the objection in a way that doesn't tip off how important it was -- for example, you act bored when you make the objection.<br><br>Fourth, if they still get it out, you ask the judge to instruct the jury not to consider it. That doesn't take it out of people's heads, but it makes it harder for anyone on the jury to use it during their deliberations.<br><br>Lawhawk, I've given up on all legal shows. It's pure fantasy to me.AndrewPricehttp://www.blogger.com/profile/11312364467936820986noreply@blogger.comtag:blogger.com,1999:blog-6251675227852122352.post-65793200602788671912009-06-17T18:16:29.316-04:002009-06-17T18:16:29.316-04:00Patti: Every lawyer who has ever gotten one of th...Patti: Every lawyer who has ever gotten one of those questions and answers out before the objection has the same comment: You can't un-ring a bell. Motions to strike the testimony are for appeals, but if the jury heard it, the sustained objection usually just reinforces the answer in the jury's mind. Particularly if the answer was unusually juicy.LawHawkSFhttp://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-6251675227852122352.post-83682351590295459302009-06-17T18:00:57.124-04:002009-06-17T18:00:57.124-04:00when a judge tells the jury to disregard a stateme...when a judge tells the jury to disregard a statement already made....that's also hard to forget. how does one scrub that from their brains?!pattihttp://www.notawonk.comnoreply@blogger.comtag:blogger.com,1999:blog-6251675227852122352.post-59986241482889780742009-06-17T15:45:13.223-04:002009-06-17T15:45:13.223-04:00Andrew: Despite myself, I recently started watchi...Andrew: Despite myself, I recently started watching a new basic cable TV show called "Raising The Bar." Typical lefty stuff. All criminals are innocent. Every cause is noble. Public defenders are brilliant. But there was one great moment in the last episode. While the prosecution and defense were questioning the prospective jury panel, one juror was asked why he kept looking at the prosecutor even while the public defender was asking his questions. The prosecutor was dressed immaculately, well-groomed, and dignified. The public defender wore a mismatched sport coat and slacks, had long, oily stringy hair, a disheveled tie and unpolished shoes. The juror explained why he was watching the prosecutor instead of the defender as follows: "He looks respectable--you don't." That day, the p.d bought a good suit, new shoes, better tie, and got a haircut. He won the case, of course, but at least a lesson was learned.LawHawkSFhttp://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-6251675227852122352.post-10098545649041407602009-06-17T11:28:22.538-04:002009-06-17T11:28:22.538-04:00Stan, you're right, this does relate to a lot ...Stan, you're right, this does relate to a lot of other professions. Being a trial attorney is a lot like being a salesman. You need to listen to all the signs, verbal or otherwise, that a jury or judge gives you, and you need to taylor your message accordingly.<br><br>One thing many bad attorneys have in common is that they love to hear themselves talk so much that they never listen to the judge or the witnesses, etc. And they can talk themselves right out of "sales."<br><br><br>Writer X, It is difficult to sway a juror or a judge with good behavior, but you can absolutely turn them off with bad behavior. You can push the envelope farther than most people would believe, but there does come a point where you've simply gone too far.<br><br>What people wear to court is worth a whole other article. You would be STUNNED to hear how many DUI suspects show up in jeans and t-shirts, reeking of beer, or how many people who show up looking like hookers/pimps.<br>it is very often how you act.AndrewPricehttp://www.blogger.com/profile/11312364467936820986noreply@blogger.comtag:blogger.com,1999:blog-6251675227852122352.post-25653252895759495262009-06-17T11:04:12.859-04:002009-06-17T11:04:12.859-04:00Sounds like very often it's not what you say b...Sounds like very often it's not what you say but what you do that matters. Very interesting.<br><br>Another favorite of mine is when a defendant, who in his mug shot looked like Charles Manson, but then in court he looked like a reincarnated alter boy. Although there's no makeover that could have helped that Phil Spector guy...Writer Xhttp://www.blogger.com/profile/16505411188186283813noreply@blogger.comtag:blogger.com,1999:blog-6251675227852122352.post-33883714911590818582009-06-17T10:37:37.014-04:002009-06-17T10:37:37.014-04:00Keeping your mouth closed and listen is always a g...Keeping your mouth closed and listen is always a good idea. A lot of the things that you are talking about are true in sales as well. I’ve seen many a lad talk themselves out of a sale when you get a yes shut up. This relates to you and your sidebar with the pissed off attorney, he lost the sale (jury) at that point. In the grown up world theater is part of the game, it’s not a dirty trick it’s a sign of maturity. These essay’s that you and Lawhawk are writing are pertinent to life, the court room is a microcosm of humanity, and the way an attorney conducts him or herself are useful in business and life.StanHnoreply@blogger.com