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Old 02-22-2013, 04:13 PM
 
18,852 posts, read 31,772,636 times
Reputation: 26119

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I have never been on a jury. Or called for jury duty...but I find the issue of "paid" consultants for defendents to be questionable. The case I pasted below is interesting...it is a doctor's testimony in a rape case, for the defense, the doctor states that based on his review of the evidence, there was no evidence of rape...and that the exam done on the victim was "substandard". He goes on to state he sees no patients, and he charges for his testimony...this is his full time job.

What do you think? About the testimony of paid consultants...

Physician to Johnson jury: No evidence of non-consensual sex

 
Old 02-24-2013, 10:28 AM
 
Location: Western Colorado
11,113 posts, read 12,508,242 times
Reputation: 26249
Ethics in a criminal trial? It's the defense attorney's job to get their client off, and that's what they'll do. I've seen both sides of that, professional experts for the defense and prosecution. Of course the defense has a lot more money to spend.
 
Old 02-24-2013, 11:35 AM
 
1,598 posts, read 2,352,574 times
Reputation: 1841
There's no ethics in a criminal trial.

Everyone lies in a trial. It's who gets caught in the lie that matters.
 
Old 02-24-2013, 11:40 AM
 
Location: North Beach, MD on the Chesapeake
33,944 posts, read 42,240,040 times
Reputation: 43400
I was on a jury a number of years ago for a malpractice (civil) case. Both sides had dueling experts. Ended up as a hung jury.

Experts play a part in the legal system. Do they lie? Define lie. The weatherman predicted mostly cloudy all day today. There's not a cloud in the sky. Did he lie? Trial experts use their experience to form an opinion on the case/evidence and present it to the jury.
 
Old 02-24-2013, 02:18 PM
 
Location: Old Town Alexandria
14,505 posts, read 23,802,413 times
Reputation: 8838
I served on a federal jury.

A criminal attys job is only to "zealously defend his client", if he pays assorted experts, he gets what the defendant can afford to pay for.

The best defense money can buy, is basically how the legal system works.

Ethics and values dont enter the equation, unfortunately.
 
Old 02-26-2013, 09:45 AM
 
9,233 posts, read 9,303,002 times
Reputation: 28943
Quote:
I served on a federal jury.

A criminal attys job is only to "zealously defend his client", if he pays assorted experts, he gets what the defendant can afford to pay for.

The best defense money can buy, is basically how the legal system works.

Ethics and values dont enter the equation, unfortunately.
I don't deny that things like this happen.

My question is do you believe the government ever commits similar abuses when it prosecutes criminal defendants? There are two sides to every story and I don't object as long as it is told fairly.

Do you remember Zacharias Moussaui? He's the man known as the "Twentieth Hijacker". He was convicted of being part of the 9/11 plot even though he never got on board one of the hijacked planes that day.

I mention him because some interesting things occurred during his trial. The government spent millions of dollars to convict him. He had to rely on a public defender to represent him. The government assigned one attorney to the case who had no other role than to see that he received the death penalty.

The question is not whether one believes in the death penalty or not. The question is whether any person could receive a fair trial when charged with a crime with so many resources (funded by the taxpayers) pitted against them.

Eventually, the jury felt (as I did) that while Moussaui was guilty that the government had overplayed its hand. Moussaui was sentenced to life in prison instead of to death.

I think in an ideal world, more resources would be available to those accused of crimes who cannot afford to pay a lawyer or the other costs of their defense. The system does allow them some ability to petition for expert witnesses and scientific analysis of evidence in a case. However, no sane person would suggest you can get a defense this way equal to what OJ Simpson got.

Its a dilemma. Its probably always going to be one. But, I don't see the day ever coming where (1) rich criminal defendants are restricted in the amount they can expend on defending themselves; (2) where poor defendants get unlimited resources to defend themselves; or (3) the government is restricted in the use of money and resources it can use to prosecute one defendant and "see that he gets the death penalty".
 
Old 02-26-2013, 10:52 AM
 
Location: Los Angeles
1,546 posts, read 2,292,006 times
Reputation: 1338
There's one who pops up in all the LA County Appellate records who's sole purpose to testify about the inherent unreliability of eyewitness identification. Not sure if he's ever convinced anybody.

"Psychology Ph.D. Mitchell Eisen testified for the defense about his research and
studies on memory and identification. He explained that people tend to fill gaps in their
memory by inferring and reconstructing details."

http://www.courts.ca.gov/opinions/nonpub/B232617.PDF

Last edited by SlowMotionApocalypse; 02-26-2013 at 11:33 AM..
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