Articles Posted in Juries

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There was a fun article on the NPR webpage yesterday about summer teen movies and how they are, basically, movies about a crime spree. I have to admit, my knee-jerk reaction to just about any teen movie is to mentally chronicle the crimes that are being depicted, going back to when I first saw Ferris Bueller’s Day Off. Perhaps that reveals something deep about my chosen career path.

Regardless, there is, I think, an important lesson in this observation. When we watch these movies, such as Ferris Bueller’s day off, the audience’s reaction is not “Arrest the Scofflaw” but, rather, sympathy with the main character in the movie. Why is that? Why do we, as audience members, forgive criminal conduct when it’s done in the name of teenage fun?

This is an important question for people accused of a crime because the only meaningful difference between a moviegoer and a juror is whether the person was compelled to learn about the subject of the movie or trial. So why does the audience root for the person committing a crime when watching these movies?

If you have questions about how federal criminal charges are different than state criminal charges, please visit this page on Maryland federal criminal charges or Washington DC federal criminal charges.
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Senator Jim Webb, who is perhaps the best thing to come out of Virginia since Thomas Jefferson, is on a campaign to reform our criminal justice system. He’s currently trying to pass legislation that will consider how our criminal justice system is broken, and what we need to do to fix it. He wants to look at how we incarcerate folks with mental illness, and why our incarceration rates are the highest in the civilized world. And, he keeps pushing the proposal.

As Senator Webb puts it a quote from an article in the Washington Monthly:

Let’s start with a premise that I don’t think a lot of Americans are aware of. We have five percent of the world’s population; we have 25 percent of the world’s known prison population. There are only two possibilities here: either we have the most evil people on earth living in the United States; or we are doing something dramatically wrong in terms of how we approach the issue of criminal justice.

Obviously, I’m a big fan of this effort. Senator Webb showed a lot of intellectual strength in the way he responded to President Bush’s 2007 State of the Union address, and his campaign for Senate in 2006 was a lot of fun to watch. I’m very excited that he’s willing to touch such an unpopular, yet deeply troubling, problem.

If you have questions about how federal criminal charges are different than state criminal charges, please visit this page on Maryland federal criminal charges or Washington DC federal criminal charges.
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The jury is losing importance in our society. Fewer trials go to juries, fewer people want to serve on juries, and, yesterday, the D.C. Circuit said that in some cases when juries find a person not guilty of conduct he can still go to prison for it.

Yesterday, the D.C. Circuit has reaffirmed it’s prior holdings that a person who is acquitted of conduct at trial can be sentenced based on that very same conduct.

The court’s ruling, in essence, is that if a person has four counts against him, and wins on all but one, the judge can sentence him as though he’d been found guilty on all four counts, provided the final sentence doesn’t go above the statutory maximum sentence for that one count. Click here for coverage from the Legal Times Blog.

This rule is unfortunate for two reasons. First, it’s bad for people accused of crimes and their lawyers. Second, it’s bad for people who serve on juries.

A juror who is excited about civic service wants his or her decision to matter. The juror wants to contribute, and to be respected. What this ruling says is that the system knows better than the jurors who participate in it. Even if a juror gave up weeks of his or her life for a trial, a probation officer who wasn’t even in the courtroom can argue that the jury was wrong, and a judge can ignore the jury’s decision to jack up a person’s sentence.

What does this mean for the average person accused of a crime in federal court?

If you have questions about how federal criminal charges are different than state criminal charges, please visit this page on Maryland federal criminal charges.
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