10/26 Grand jury composition:
"Like the jury's forewoman, the majority are African American women
who appear to be middle-age or older. The jury includes at least two
black men, two older white women and three white men. One trim,
agile retiree with white hair often entered the grand jury room with
his bicycle helmet in hand."
ROVE, LIBBY == FUCKED
\_ Why do you think the jury composition completely determines outcome?
-emarkp
\- well teh grand jury is not the same as a jury in a criminal
trial, but for the latter, havent you heard of the
Twinkie Defense ... do you know the history behind it?
\_ The Twinkie Defense is an urban legend.
\_ How so? I might call the term "Twinkie Defense" an
exaggeration but the testimony is public record, I
would think. -- ulysses
\_ http://www.snopes.com
\_ Thanks. That was a good read. I basically have
no problem with it except one thing - do juries
necessarily ignore parenthetical remarks?
\- ok fair point. my point was really jury
consultants are used in high $ high profile
cases for a reason. "old school" jury
selection was sort of bogus [people who
cross their arms are stern, pro-prosecution
types] but "scientific" jury selection
really can help you tailor your challeges
to get a pool that will more much more
inclined to buy various claims a "random
selection" or peers would not. the dan white
case was one of the cases that put jury
consultancy on the map. and more generally
there is certainly forum shopping both for
legal rules but also jury composition.
consultancy on the map.
\_ FYI, the "twinkie defense" would not be possible
today b/c ca has abolished both diminished capacity
and the ability of experts witnesses to testify re
the mental state of a defendant at the time he com-
mitted the crime (Cal. Penal Code Sec 29).
\_ because they're guilty as fuck, so they'd only have a chance with
Texas republican rednecks. -tom
\_ The grand jury is utilized only for indictments. Just because you
are indicted doesn't mean you are guilty. |