Amazing anecdote from my criminal justice textbook....
"A Most Unpredictable Jury"
Some years ago, a man was tried in a California court for the murder of his wife. The state's case was quite convincing, but one thing was missing- the victim's body. This was the basis of the defense's case, and no evidence of testimony was presented on behalf of the accused.
In a dynamic summation performance, the counsel for the defense soared to eloquent heights of oratory, repeating that with the absence of the body of the alleged victim, it could not be proved that a crime had been committed. "You must find my client innocent for one simple reason," he shouted. And then, dropping to a breathless whisper, he added, "His wife is still alive. In fact- she just walked in the courtroom!"
At once, the heads of all the jurors and spectators turned, only to see not a soul had entered the chambers. But the attorney had made his point. How could proof beyond a reasonable doubt be concluded if the jurors suspected that the defendant's wife might still be alive?
Everyone agreed that it was a brilliant ploy, and after less than an hour's deliberation, the jury returned with a verdict. Yet, to the amazement and disbelief of all those present, the jury had found the accused guilty of murder.
When the trial was over and the jury dismissed, the bewildered defense counsel confronted the first few jurors he saw. "How," he asked, "could you find a man guilty when you weren't even sure his wife was dead? Hadn't everyone turned to look for her in the back of the courtroom?"
"Yes," answered one of the jurors, "everybody except your client."
Happy Valentine's Day Everybody!! Don't kill your partner.
Some years ago, a man was tried in a California court for the murder of his wife. The state's case was quite convincing, but one thing was missing- the victim's body. This was the basis of the defense's case, and no evidence of testimony was presented on behalf of the accused.
In a dynamic summation performance, the counsel for the defense soared to eloquent heights of oratory, repeating that with the absence of the body of the alleged victim, it could not be proved that a crime had been committed. "You must find my client innocent for one simple reason," he shouted. And then, dropping to a breathless whisper, he added, "His wife is still alive. In fact- she just walked in the courtroom!"
At once, the heads of all the jurors and spectators turned, only to see not a soul had entered the chambers. But the attorney had made his point. How could proof beyond a reasonable doubt be concluded if the jurors suspected that the defendant's wife might still be alive?
Everyone agreed that it was a brilliant ploy, and after less than an hour's deliberation, the jury returned with a verdict. Yet, to the amazement and disbelief of all those present, the jury had found the accused guilty of murder.
When the trial was over and the jury dismissed, the bewildered defense counsel confronted the first few jurors he saw. "How," he asked, "could you find a man guilty when you weren't even sure his wife was dead? Hadn't everyone turned to look for her in the back of the courtroom?"
"Yes," answered one of the jurors, "everybody except your client."
Happy Valentine's Day Everybody!! Don't kill your partner.