Wednesday, February 05, 2003

Reasonable Doubt -- What a Concept Having recently completed a federal criminal trial in the Eastern District of North Carolina (with less than pleasing results), I am faced with a criminal defense lawyers connumdrum -- how to get jurors to grasp the concept of reasonable doubt.  This topic is one worthy of some discussion over the next few weeks, but at bottom, I am, as an advocate, faced with the dilemma of explaining for jurors that which I am not sure I fully understand.  How many of you have a ready definition?  How many jurors come into jury service understanding how much doubt they need to have to vote against conviction? 10:01:03 PM    comment [] An Idea Whose Time Has Come -- Or Is Long Overdue ABA to vote on enemy combatants. The American Bar Association will vote next week on whether to challenge the detention of enemy combatants as unconstitutional. The American Bar Association's policy-making body, which meets next Monday and Tuesday in Seattle, is scheduled to consider a recommendation urging that certain constitutional rights be restored to such Americans. The session is part of the ABA's midyear meeting that officially begins February 5. [...] Although the association has no power to... [vigilant.tv] While the controversy around this issue may seem odd -- for lawyers the process, i.e., access to the courts, normally seems automatice.  Unfortunately, where politicial issues pervade, it is more natural for many lawyers to be sheep and to hide in the flock.  It is reaffirming to see the ABA (read establishment bar association) pay attention to this important issue.  We can only hope the vote will reflect the lawyers reverance for due process, rather than the politicians reverance for expedience and popularity.  We shall see . . .  9:57:08 PM    comment []

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