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Ian

Notorious member
The fact is that no defense attorney worth his salt will let even a retired officer or anyone with an inside knowledge of the justice system sit on their jury.

That would explain why I only got called once to petit jury, was dismissed from the first selection after I asked a question, and haven't been summoned since.
 

KeithB

Resident Half Fast Machinist
Been called three times. All three times I was dismissed by the defense as soon as I identified my profession as an engineer or engineering instructor. Now I don’t have to deal with it anymore because of my age and health issues.
 

Bret4207

At the casting bench in the sky. RIP Bret.
IME the only time I was allowed in the court during the actual trial was for my testimony or if I was prosecuting something like a traffic ticket in a county that would not provide an ADA to do the job. And yes, I went up against people with lawyers and lost. All our training for that was OJT and I saw things done that were allowed by the judge that saw the defendants lawyer as his equal and the stupid Trooper with the high school ed as an enemy. My not being trained in what should or shouldn't have been allowed (the defense lawyer and judge having a private confab about the case without the prosecution (me) being privy!) was no bar to the judge letting a guilty as sin SOB go. Hence, I have a rather low opinion of about 90% of the legal profession. The 10% of decent people who happen to be lawyers are like the 10% of decent politicians out there- few and far between.

I've had a few people tell me what went on in jury deliberations on some of of my cases. The guy that said I should have been able to disarm a sword wielding idiot with a round house kick like Chuck Norris rather than spray him with OC was probably the most memorable.
 

Thumbcocker

Active Member
In my jurisdiction in all criminal cases that went to the Circuit Court (felony trials) the detective in charge of the case sat at the table beside the prosecutor from jury selection until it was given to the jury. We were on call to get there if the jury was brought in with questions and usually when a verdict came in.
We also had a detective assigned for preliminary exams at the District Court. Usually he had one of his cases coming up but would stay for all of them to assist the prosecutor. Usually the prosecutor saw the cases about 10 minutes before the exam. It helped having someone with at least a passing knowledge of the case on hand to assist the prosecutor.
The prosecutor at trial usually was not the same one who handled the exam. Usually the first time they saw the case was the day of the trial. If we were lucky he/she got the file the night before.
I had most of my cases from arrest to jury trial or plea in the first half of my career. Later, working with a State agency, I would be called in to assist the local State's Attorney. I could get the case at its inception or later in the process depending.

I was very fortunate to have bosses who would back me to the gates of hell and had the discretion in 99% of the cases to dispose of them as I saw fit. Occasionally I was forced to take turds to trial for reasons beyond my control but most of the time I had total discretion.
 

Petrol & Powder

Well-Known Member
It is an unfortunate fact that most police officers never see the felony trials concerning their own cases. Any defense attorney, who isn’t an idiot, will make a motion to exclude witnesses. So the only time the witness (the officer) is in the court room, is when he is on the stand. As a result, officers see very little of what occurs in felony trials. The solution is for officers to watch trials that they are not a party to, but very few officers have that kind of spare time.

Court is an excellent place to learn if you have the time and pay attention. If you’re learning about your own case as it unfolds, experience is a brutal teacher. If you can watch others run the gauntlet, it stings a bit less. The next best source of information is attorneys, and that means both defense attorneys and prosecutors. Attorneys are people, there are good ones and bad ones.
 
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Thumbcocker

Active Member
I enjoyed working with young officers. No one goes to the academy and comes out saying " I can't wait to screw up a case." They want to do good work just need to be trained. Telling a youngster why you need things done a certain way is helpful. I encouraged officers to call me with questions from the field. Many times that communication on the front end of a case saved major problems later. I would always rather answer the phone at 3 a.m. than do a 4 hour suppression motion later.

Fun fact. The defense bar LOVES good police work. A solid investigation with good report writing and evidence handling makes their job easy. Instead of filing tons of motions they just have the "you are S.O.L. talk with their client and try to get the best deal that they can.
 

358156 hp

At large, whereabouts unknown.
Striking a potential juror for cause is very straight forward.

Peremptory challenges, using one of your allotted strikes to remove a potential juror without giving a reason, is where the real dance occurs. Both sides use their strikes to shape the makeup of the jury. Neither side ever ends up with what they ideally want.
I watched it happen once. The Judge challenged a Juror in voir dire over his phrasing of one of his answers. The Juror spoke his exact feeling on drunk driving and the Judge removed him. There is a script that must be used in this instance, and the Judge read it out loud and sent the guy home. The whole thing was very quick, and very efficient. The phrase "unable to remain impartial" was repeated at least twice.
 

Petrol & Powder

Well-Known Member
I watched it happen once. The Judge challenged a Juror in voir dire over his phrasing of one of his answers. The Juror spoke his exact feeling on drunk driving and the Judge removed him. There is a script that must be used in this instance, and the Judge read it out loud and sent the guy home. The whole thing was very quick, and very efficient. The phrase "unable to remain impartial" was repeated at least twice.
That's as it should be.

The defendant has a right to a trial by an impartial jury.
The 6th Amendment states, in part, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury......"
And that cuts both ways. The government is also entitled to an impartial jury that will listen to the evidence and render a fair and impartial verdict.

While some potential jurors will attempt to conceal their bias and prejudice and possibly “infiltrate” the jury, others will make their views known. When the bias is open and apparent, the ONLY correct course of action is to dismiss that potential juror. To do anything else would invite a successful appeal and maybe sanctions against the judge.


We do the best we can to ferret out potential biased jurors, but it is an imperfect science. However, when that bias is open and clear – the resulting action is simple and decisive.
 

Petrol & Powder

Well-Known Member
The people that need to be informed that the sidewalk ends, probably aren't literate. So, I’m not sure who that sign is for.

I am sure that it added to the cost of that project.
 

358156 hp

At large, whereabouts unknown.
The people that need to be informed that the sidewalk ends, probably aren't literate. So, I’m not sure who that sign is for.

I am sure that it added to the cost of that project.
It was probably required by local zoning laws. I see it ends at what appears to be the property line. The property owners probably shook their heads in disbelief when they saw the requirement.
 
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fiver

Well-Known Member
one of oil field buddies bought himself a house.
it was in a HOA.
as we were going on days off he asked me to stop over to his place and give him a helping hand.
no problemo.
i get there and he says we need to go to home depot or lowes and get a tree, the HOA requires it.
all right,, where does this tree go.
he says well the dude come put a big giant orange X right where it's supposed to be.
well let's go find the big orange X then.
off we go i'm looking on his lawn, and he is looking at the parking strip.

there it is he says...
man on the strip that's gonna suck digging that hole.
no,, it's not on the strip.
what?
it's right here in the middle of the sidewalk.
your uhh, your kidding.

nope, the X lined up with all the other trees going up his street.
some on the parking strip, some on the front lawn,, but they made a dead string straight line from corner to corner.
i don't know who wrote that rule.
but he had no recourse.
 

Bret4207

At the casting bench in the sky. RIP Bret.
I enjoyed working with young officers. No one goes to the academy and comes out saying " I can't wait to screw up a case." They want to do good work just need to be trained. Telling a youngster why you need things done a certain way is helpful. I encouraged officers to call me with questions from the field. Many times that communication on the front end of a case saved major problems later. I would always rather answer the phone at 3 a.m. than do a 4 hour suppression motion later.

Fun fact. The defense bar LOVES good police work. A solid investigation with good report writing and evidence handling makes their job easy. Instead of filing tons of motions they just have the "you are S.O.L. talk with their client and try to get the best deal that they can.
I never saw a DA or ADA that wanted any phone calls, much less at 3AM! Good on you! I wish the ideas you espouse would become the norm. I could go on about the current ridiculous pro-criminal machinations our LE here in NY are saddled with, but it would just turn to politics and I'd get yelled at again...