Trials

This is what it’s about. The clients are all guilty. The possibility of plea negotiations are non-existent because the penalties are as severe with a plea as with a guilty verdict. There is nothing to lose by trying the case except the case. I know the clients don’t stand a chance. I tell them so. It will be exclusively the police’s word against their word, more often, against their silence. The jurors listen. Cracks appear in the government’s case. Testimony is shown to be inconsistent. There are gaps in the story. Areas of interpretation, perhaps even doubt, begin to appear. At final argument I tell the jurors, “look, ladies and gentlemen, maybe the defendant did do what the government alleges he did, but ‘maybe’ isn’t enough, even ‘more probably than not’ is not enough. Ladies and gentlemen, the government must prove that this good person on trial did “x,” “y,” and “z.” And must prove that the defendant committed each and every element of the crime charged, beyond a reasonable doubt. And there are certain reasonable doubts, which I suggest you might consider in your deliberations. And not only that, but the government must also prove the defendant’s knowledge, and the defendant’s intent. And they must prove that knowledge and intent beyond a reasonable doubt, etc.” And in most criminal trials, by the end I am believing my own story. And I have reasonable doubts, or at least they seem reasonable to me. And the jury comes back with a question. And you know they’re struggling with the case, attempting to grapple with their doubts and their differences. And the court officers and the clerks tell you what a smashing wonderful job you did and how you just might have snatched victory out of the jaws of defeat. And against all your better judgment and experience you start to say maybe, just maybe, the verdict will be not guilty. Why in point of fact, it almost has to be not guilty. And then the jury returns. And they’re not looking at you. And the foreperson is asked, “what say you, madam foreperson, is the defendant guilty of not guilty?” And the forelady says, “Guilty.” “And thus say you too ladies and gentlemen of the jury?” And the jurors all nod their assent, and the judge gives them a little speech about duty and freedom, and some of the ladies cry, and the jurors file out, and the government moves for sentencing, and the judge politely listens to your arguments, and the client shakes your hand, and you say, “sorry, man,” and the guy says, “you did the best you could,” and looks you in the eye, bravely or stunned, and is placed in handcuffs and led off to jail.

Am I doing something wrong? Trying too hard with jurors who know they’re being sold a line by me? Just on the wrong side of the case? Trying to see that justice is done. Not sure what is just.