Obviously I don’t think think everything presented in courtroom will be the absolute and complete truth but the if one side do lie the other side will try to pick it apart. The press don’t have that, in fact more often then not they just and copy and paste each others lie.
What, I should know everyone in my Federal Court District?
I wonder if I could ask for a jury of all Democrats?
I think the attorneys are allowed to lie.
Freedom of the press is the method whereby the goals and rights of the Sixth amendment are secured.
No they are not.
They can be misleading, but they can’t lie.
Prosecutors can. They can tell the jury that the accused is guilty, and exactly how he committed the crime, even if the defendant is factually innocent.
Really?
If they know for a fact the defendant is innocent they most certainly are not allowed to lie.
Moreover those who do lie to juries can and have been sanctioned by State Bar Associations.
It is still a lie if they do not know for a fact that the defendant is guilty, yet they tell the jury he is, and describe exactly how he did it. Moreover, it is their job to make the jury believe the defendant is guilty, when they do not have that factual knowledge. Otherwise, all prosecutors would be subject to sanctions whenever the defendant is found not guilty.
Then by the same token all defense attorneys would be sanctioned for proclaiming their clients were innocent or elsewhere at the time of said crime whenever their clients were found guilty.
Exactly. And since that never happens, then lying by attorneys is common, and not prohibited.
Don’t later amendments trump earlier amendments? I don’t think that’s been the practice concerning the bill of rights, but isn’t it technically correct?
With all due respect, you have a dramatically different definition of “lying” than most people.
I don’t think you know what most people think.
It is up to the jury to find the defendent guilty or not guilty. There is no way for the prosecuter to lie in your example.
Contrary to what has been said above, both prosecutors and defense counsel are officers of the court with an overriding duty to the Court. They cannot tell or elicit testimony which they know or have reasonable grounds to suspect is false. Tbey cannot lie or mislead the Court.
I am a lawyer.
Um, and Engineers as well, the third profession. IME almost no one I know who is a degreed Engineer has made it through jury selection. Over drinks a former defense attorney told me once that she always challenged Engineers because “their analytical-oriented minds would see through any smokescreen (she) could throw up.”
Personally I’m torn about how I’d feel about being excluded. If I had to serve for weeks or months on a jury it could actually destroy much of my career, or at least set me back a long time - but at the same time I really want to do my duty and serve.
Maybe not, but I think he’s right about your definition of “lying.”
I agree. If I ruled for one day, I would change jury selection as follows:
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Pull a pool of 50 people. Vet them for criminal history and replace anyone who gets bounced.
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Defense and state get 6 challenges each. If none of them duplicated, that would leave a pool of 38 remaining.
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Their numbers go into a fishbowl. Defense pulls 6, state pulls 6. There’s your jury. Judge pulls 2 more if alternates are needed. Swear 'em in, seat 'em and get on with it.
If they don’t have the factual knowledge, the case won’t go to court and the charges will be dropped. The state’s attorneys won’t go into court on a coin toss case.