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February 10, 2014
Peoples life experiences and their belief systems, their attitudes, their opinions, their values, is everything. and also their personalities. whether theyre emotional, whether theyre going to really identify with the tragic death of jordan davis, or whether theyre going to be able to look at more clinically. these are the factors that i look at, that most experienced people look at, that really determine how jurors come to a verdict in the case. >> and theres always the reality of jury nullific...
January 17, 2014
Into your house and maybe assaulting your family. but look. there is states handle differently. its castle doctrine. some say use similar force being used against you. california had a case a guy broke in, assaulted the guys son, the homeowner used a gun but wasnt allowed to use the gun because the criminal didnt have a gun himself. theyre prosecuting the guy. >> good luck with that with the jury. its just ridiculous people say someone trying to break n they have dragged a body inside of the hou...
January 17, 2014
Into your house and maybe assaulting your family. but look. there is states handle differently. its castle doctrine. some say use similar force being used against you. california had a case a guy broke in, assaulted the guys son, the homeowner used a gun but wasnt allowed to use the gun because the criminal didnt have a gun himself. theyre prosecuting the guy. >> good luck with that with the jury. its just ridiculous people say someone trying to break n they have dragged a body inside of the hou...
August 23, 2013
Unanimously, any one juror or panel member, can nullify that by choosing against the death penalty, and because they have that power, there is that concept of jury nullification, we cannot tell the panel or the jury, that they have that power as attorneys in closing argument, but they do have that power and military jury panels as ive said before have even more arguably than a civilian jury, so its very possible that they may decide to give him life and not the death penalty for that reason. aft...
August 2, 2013
Hes not going to be great actor. hes a mobster. hes been on the lam most of that time. i dont know what he would do but he wouldnt come off soft. they want a portrait of the god father in the tomato garden. thats what theyre trying to do. jury nullification. forget about the facts. an 83-year-old old man, think of your grandfather. once he gets up there and starts cursing and whatever else hes going to do because thats who he is, theyre not going to like him. >> jeff, what about the fact hes off...
July 25, 2013
There is no polygraph on why you came to a certain verdict, okay. she could have stuck to her guns with murder in the second degree for whatever reason. and thats also a concept of jury nullification that we may not have time to discuss now. but no one asked her to push herself to the other side. she let herself go there. she said in this transcript that you have given us, it says that he got away with murder. >> right. >> but -- but -- but we dont know no one, we dont know what happened in that...
July 12, 2013
>> he has to believe it. >> which is compelling because mark omara said it doesnt he didnt even have to have a cut on his finger to be able to avail himself of justifiable force. >> but does the fact that he had a firearm and trayvon martin did not so it wasnt necessarily equal fight. >> right. >> and theres a lot of things here in the jury instructions about firearms, does that change the equation for the jurors? >> it absolutely does. because he wasnt -- why does he go after him? he went after...
June 4, 2013
First-degree murder. >> jury nullification. the jury nullifies. here is the law. the jury backs off i dont care what the law is im -- >> jons point if two cant agree it is a deadlock. >> if i have me my point, doug, please. im prosecuting this one. jon: well its a very strange case. >> it is. jon: it seemed to me that youve got the dna of the accused on the dead person. >> right. jon: two women who arguably should not have met. >> -- were acquitted. >> and a big financial payment by the way to t...
April 29, 2013
Years ago up north. that priest was never prosecuted. he then tracked down the priest and found him, beat the holy sin out of him and the police arrested him. he was the one who was charged. the jury when faced with that set of facts sent out a note and asked the judge even though he has admitted it, what is jury nullification? judge told him you cant do that. i think the judge was wrong. the jury clearly thought it was wrong and acquitted will lynch of those charges. so jury nullification is wh...
April 12, 2013
Will recommit a time and be on the front page story of the l.a. times. >> and the judge is worried about their job. >>gretchen: a lot of judges, a bigger role in plea bargaining. in what way? >> right now a lot of times in the criminal justice system, federally as well, the prosecutor holds all the cards. the prosecutor can overcharge the heck out of a case and put somebody in a position where you may be innocent but theres way too much of a risk to go to trial because you could end up with life...