Comments on: Trial in Court 14: Voir Dire II http://blog.bennettandbennett.com/2010/04/trial-in-court-14-voir-dire-ii.html the tao of criminal-defense trial lawyering Fri, 10 Feb 2012 17:39:20 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Nicholas Sarwark http://blog.bennettandbennett.com/2010/04/trial-in-court-14-voir-dire-ii.html/comment-page-1#comment-14640 Nicholas Sarwark Wed, 05 May 2010 02:28:02 +0000 http://bennettandbennett.com/blog/2010/04/trial-in-court-14-voir-dire-ii.html#comment-14640 <blockquote>Higher burden than clear and convincing evidence for taking away child in family court. We don’t want burden BRD because we’re dealing with a child (WTF, AP?).</blockquote> That's bizarre for a prosecutor to use in voir dire. In defense voir dire, I usually point out that BRD is the highest standard the law has, a harder standard than is required to take away one's children or to commit someone to a mental institution. It's weird to hear a prosecutor arguing that lower standards are cool for taking away kids.

Higher burden than clear and convincing evidence for taking away child in family court. We don’t want burden BRD because we’re dealing with a child (WTF, AP?).

That’s bizarre for a prosecutor to use in voir dire. In defense voir dire, I usually point out that BRD is the highest standard the law has, a harder standard than is required to take away one’s children or to commit someone to a mental institution. It’s weird to hear a prosecutor arguing that lower standards are cool for taking away kids.

]]> By: Mark Bennett http://blog.bennettandbennett.com/2010/04/trial-in-court-14-voir-dire-ii.html/comment-page-1#comment-14583 Mark Bennett Thu, 29 Apr 2010 19:16:03 +0000 http://bennettandbennett.com/blog/2010/04/trial-in-court-14-voir-dire-ii.html#comment-14583 No objection. They don't have an open-file policy by your definition, but AP explained to the jury that D had seen everything in the file. No objection. They don’t have an open-file policy by your definition, but AP explained to the jury that D had seen everything in the file.

]]> By: Michael http://blog.bennettandbennett.com/2010/04/trial-in-court-14-voir-dire-ii.html/comment-page-1#comment-14581 Michael Thu, 29 Apr 2010 19:10:28 +0000 http://bennettandbennett.com/blog/2010/04/trial-in-court-14-voir-dire-ii.html#comment-14581 Any objections to the DA testifying (though not under oath) about their open file policy? Do they have an open file policy? Which I interpret to mean a secretary who hands you the file and shows you the copy machine? Any objections to the DA testifying (though not under oath) about their open file policy? Do they have an open file policy? Which I interpret to mean a secretary who hands you the file and shows you the copy machine?

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