For all the law people
#169826
11/24/04 09:42 AM
11/24/04 09:42 AM
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Joined: Jun 2004
Posts: 1,337 HOUSTON TX
MALIBU
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This isn't good, bad, or ugly. Just a paragraph out of a book I am reading and placed here for conversation.
"It's all point of view. Listen, when I was a young lawyer I defended a kid for ripping off a grocery store. The key piece of evidence was a felt hat. The prosecutor claimed my boy dropped it running out of the store. I tore up the prosecution, proved it couldn't be his hat, ate up the eyewitnesses, turned an open-and-shut case into a rout. After he was acquitted, the kid turns to me and says, 'Can I have my hat back now?' It bothered me so much that one night I was having dinner with a judge friend and I told him what had happened. Know what he said? 'It wasn't your problem, it was the prosecuter's. Pass the butter, please.'"
What kind of stuff like this has happened to you?
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Re: For all the law people
#169835
11/24/04 09:57 PM
11/24/04 09:57 PM
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Joined: Oct 2001
Posts: 4,672 Northern California
LaurieMar
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Geez Malibu: I could write a book on your question and it is a good topic of conversation. Although I don't practice criminal law, I know more than the average bear about it.
People must remember that a lawyer is their "mouthpiece", so to speak,and has an ethical duty (as an officer of the court) to zealously represent their client's interests. Once the deed is done and prosecuted, that's it, so the Judge was not out of line. A lot of trials depend on the Judge, the jury, the effectiveness of the attorney's trial experience, the accused's credibility and demeanor, and so forth.
As a civil trial attorney, "hammer time" for me is in my closing argument. That is just my preference. It really boils down to the ole dog and ponny show.
Back to criminal matters: two very high profile criminal cases have taken place here in California in the last several years and currently: OJ Simpson and Scott Peterson. I think OJ did it, but got off (due to a dumb jury and good lawyers). I also think Scott Peterson is guilty of killing his wife and unborn son, but not intentional conduct. Apparently, his jury agreed.
So, the shows go on...
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