double jeopardy

Now THAT’S An Incompetent Jury…

/ Jack Marshall / 6 Comments

clowns

Polled after turning in a not guilty form to the judge in the burglary case of Bobby Lee Pearson, all 12 members of a Fresno, California jury nodded their agreement to the judge’s traditional question, “So say you all?”  Later, however, it was found that the jury had deadlocked 8-4 on the charges. It was a hung jury, and there should have been another trial.

By the the time one of the jury members had come out of his stupor and told the judge that he had voted guilty, it was too late to correct the error because of double jeopardy. “I can’t believe it,” the judge said as he ordered Pearson released. “This has never happened to me in more than 100 jury trials that I have done.”  That’s because he never had a jury as dumb as this one before. It ostensibly understood the requirement that guilty and not-guilty verdicts had to be by a unanimous 12-0 vote, but apparently became confused by the verdict forms, which didn’t include a deadlock option.

The jury system is the simplest distillation of our democratic system, and even that proved too complicated for these bozos.

A depressing note:  Court authorities say the problem was that the jury was substantially made up of college students.

Yes, they really said that.

Meanwhile, to wrap up this travesty of  justice in a classic “Law and Order” surprise ending, Pearson was murdered within hours of his release.

______________________

Source: ABA Journal

The Ethan Crouch Case’s D.A., Trying To Right An Arguable Wrong With Six More

/ Jack Marshall / 19 Comments
Listen to your mother, Joe.

Listen to your mother, Joe.

The infamous vehicular homicide case that generated the “Affluenza Defense” is well on its way to becoming an ethics train wreck.

The news media keeps doing its part: today CNN’s Ashleigh Banfield, whom I can no longer recall why I ever thought she was more than an over-opinionated hack (I think it was her glasses) said again today that Judge Jean Boyd “bought” 16-year-old scofflaw Ethan Crouch’s defense that he wasn’t responsible for his actions (that ended up leading to the death of four and critical injuries to two of his friends) because he had been spoiled by an affluent upbringing. As I already pointed out, there is no evidence that Judge Boyd agreed with that dubious argument, and solid evidence that she did not. Never mind. Ashleigh and the rest of her incompetent colleagues will continue to try to mislead the public regarding this just as they regularly do on nearly every other news story.

The more surprising development was the sudden participation of the Tarrant County District Attorney Joe Shannon, he whose efforts to jail young Couch were foiled by Boyd’s expansive judicial compassion toward a minor, in the ethics follies. He’s attempting another “bite of the apple, ” as judges say, by asking Boyd to lock up  Ethan  on two counts of intoxication assault that he argues are still pending before her court. Shannon explained:

“During his recent trial, the 16-year-old admitted his guilt in four cases of intoxication manslaughter and two cases of intoxication assault. There has been no verdict formally entered in the two intoxication assault cases. Every case deserves a verdict.”

Shannon’s renewed plea focuses on the two teens riding in the back of Couch’s Ford F-350 pickup (voluntarily riding there, knowing the driver was unlicensed and drunk as a skunk) who suffered life-altering injuries. One of them, Sergio Molina, is paralyzed and can communicate only by blinking. It is 1) disingenuous 2) unprofessional  3) unfair 4) futile, and he knows it, 5) irresponsible, and 6) probably unconstitutional.

All of which means his gambit is 7) unethical. Continue reading →

Ethics Hero: The ACLU Jumps Off The Train Wreck…

/ Jack Marshall / 18 Comments
And not a moment too soon...

And not a moment too soon…

It appeared that the American Civil Liberty Union would continue its descent from its original role of non-partisan Bill of Rights watchdog and defender to its evolving position as a liberal/progressive advocacy group when it called for Eric Holder’s Justice Department to pursue a civil rights prosecution against George Zimmerman. In a post on the group’s website following the verdict, ACLU executive director Anthony Romero wrote…

Today, our thoughts are with Tracy Martin and Sybrina Fulton, whose young son was taken from them far too soon. Last night’s verdict casts serious doubt on whether the legal system truly provides equal protection of the laws to everyone regardless of race or ethnicity.This case reminds us that it is imperative that the Department of Justice thoroughly examine whether the Martin shooting was a federal civil rights violation or hate crime. We call on Attorney General Eric Holder to release strengthened guidance on the use of race in federal law enforcement. We also urge Congress to pass the End Racial Profiling Act. These specific actions would go a long way to ameliorate the widespread problem of racial profiling. We need solutions not only in Trayvon Martin’s case, but also systemic reform. Continue reading →

University Justice Isn’t Ethical, Isn’t Reposponsible, And Isn’t Justice, Either.

/ Jack Marshall / 34 Comments
Oh-oh...

Oh-oh…

The University of North Carolina is charging a student with an honor code violation because she did not acquiesce in a student Honor Court’s decision to dismiss a complaint of rape she filed against another student. The charge against her reads…

You are being charged with the following Honor Code violation(s): I.C.1.c. – Disruptive or intimidating behavior that willfully abuses, disparages, or otherwise interferes with another (other than on the basis of protected classifications identified and addressed in the University’s Policy on Prohibited Harassment and Discrimination) so as to adversely affect their academic pursuits, opportunities for University employment, participation in University-sponsored extracurricular activities, or opportunities to benefit from other aspects of University Life.

The student, Landen Gambrill, faces possible expulsion for her offense. Meanwhile, the man who she says raped her is still on campus.

Wait…what? This sound insane. How can this happen? Continue reading →

Ethics Quiz: Is It Ethical to Confess to a Murder You Were Acquitted of Committing, or Merely Annoying?

/ Jack Marshall / 1 Comment

 

Come on, O.J! If he can do it, so can you!

Isaac Turnbaugh of Randolph, Vermont recently confessed to the 2002 shooting murder of a co-worker, using a rifle to kill the victim as he was at work in the American Flatbread Co, stirring a pot of  sauce.  A jury acquitted Turnbaugh of the charges in 2004. In July, Turnbaugh contacted police and said, jury verdict notwithstanding, he indeed shot Declan Lyons in the head with the rifle and wished to surrender to authorities. Too bad, they told him. In the eyes of the law, you are “not guilty,” and have to stay that way. Double jeopardy and all that.

Your ethics quiz for today:

If you have been acquitted of a murder and have a guilty conscience about it, what is your most ethical course of action? Continue reading →

“Twelve Angry Men,” A Million Angry Fools, and the Jury System

/ Jack Marshall / 29 Comments

Their defendant was probably guilty too.

Ethics Alarms All-Star Lianne Best sent me this link about a member of the Casey Anthony jury who is going into hiding because of all the hate and criticism being directed at jury members and their controversial verdict. Her plight, which must be shared by other members of the much-maligned jury, highlights the unethical, not to mention ignorant, reaction of the public to the Florida ex-mother’s narrow escape from a murder conviction she almost certainly deserved.

The problem begins with publicity. We may need to re-examine the logic behind broadcasting high-profile cases. The combination of live courtroom feeds and quasi-semi-competent commentary gives viewers the mistaken belief that they are qualified to second guess the jury, and they are not. They are not because the jury is in the courtroom, and the viewers aren’t. The jury and TV watchers see different things; individuals communicate different emotions and reactions in person than they do on camera. There is only one fair and sensible way to answer those on-line instant polls that ask, “Do you think Casey Anthony should be found guilty?”, and that is “I don’t know.”

Most of all, the viewers and pundits are not present in the jury room. Continue reading →

The Ethics of “No-Body” Murder Prosecutions.

/ Jack Marshall / 13 Comments

Oh! THERE's the body!!!

Texas lawyer Robert Guest has opined that a Texas jury would have convicted Casey Anthony in a heartbeat, and cites as proof the February conviction of Charles Stobaugh in Denton County. He was accused of killing his  estranged wife, though no body has ever been found at all.

Maybe.  There are a lot of differences in the circumstances of the two cases, not the least is that finding a badly decomposed body with a piece of electrical tape across her mouth has a big advantage over never finding any body at all: at least you are certain that the victim is dead.  Stobuagh, like Anthony, engaged in a pattern of lies and strange statements; for example, he suggested that his wife, who suddenly vanished and stopped using her bank account, credit cards and cell phone, was “playing a prank.”  He also began seeing a new girl friend more or less the moment his wife vanished. I’d say the biggest difference is the presumption of a motive: husbands killing their wives, especially their estranged wives, is a common and well-recognized form of homicide, with a motive that any married person immediately understands. A mother killing her young child, in contrast, is very unusual, and the presumption is that no mother would do it. The Anthony prosecution was more difficult than the prosecution of Stobuagh, even with Caylee’s body. Continue reading →