One Double Strike
Mark Bennett | July 15, 2008
I just compared notes with the prosecutor on my trial case. In picking a jury of 12 out of a panel of 65, exercising 10 peremptory challenges each, we made one double strike.
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In Trial*
Mark Bennett | July 14, 2008
I’m in trial* on a white-collar criminal case. It is not an easy case, but sometimes we have to try the tough cases. I’ve got to wonder why the prosecutor left on the jury two jurors who admitted that they couldn’t consider the top end of the statutory punishment range (i.e. life in prison). Maybe [...]
Blind Strikes and Double Strikes
Mark Bennett | June 19, 2008
Anne Reed writes at Deliberations about blind strikes: In a “blind strike” voir dire, both sides exercise their strikes simultaneously. If you get four strikes, you strike four jurors, without knowing (until it’s over) whether your opponent struck those same jurors too. All these years I’ve been using blind strikes without even knowing it. In [...]
That’s Why Prosecutors Shouldn’t Try POM Cases
Mark Bennett | May 7, 2008
From Brian Rogers of the Houston Chronicle, Prospective juror in pot trial caught smoking marijuana (during a break, she stepped outside the building to smoke some weed, and got arrested).
Busting the Panel
Mark Bennett | December 4, 2007
What do you get when you combine my friend (and fellow dinosaur) Norm, a federal drug case, 20 minutes of lawyer-conducted voir dire, and a 35-person jury panel? Nothing even remotely resembling a jury. Come back and try again later. With 11 people disqualified for cause, that panel is not big enough. We’ll bring in [...]
Lucky Stars — an Anti-Whine.
Mark Bennett | June 16, 2007
Scott Greenfield at Simple Justice informs us that, in the People’s Democratic Republic of New York, there is no right to expunction (only he calls it “expungement,” which, according to my OED, is “rare” — not that there’s anything wrong with that). So I presume that if you get arrested for something in New York, [...]
Jury Sentencing in Texas
Mark Bennett | June 5, 2007
Gideon, following Doug Berman’s train of thought here, asks, Why don’t we have jury sentencing in non-capital criminal cases? In Texas, we do have jury sentencing in non-capital cases. The accused can elect before trial to have the jury set punishment in the event of a conviction (and we get jury trials for everything). If [...]
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