OK, despite the amount of people who want to deny the mountain of evidence that this kid did it, the media is pretending he has a chance of being found not guilty. But I'm going to agree with another lawyer who said he's seen juries do crazy things.
Anyway...
He was caught with more than enough evidence that links him to the crime, which is why his lawyers keep harping on his arrest and search being unconstitutional. He had the murder weapon, the ID used in NYC, and his manifesto, which is pretty much a confession. I'm not going to go into the law of confessions, but it would be nice if all these talking heads would start mentioning that.
Mistrials and Jury nullification. OK, a mistrial doesn't result in an acquittal--it does result in a new trial. Also, as long as there is one juror who is willing to find the defendant guilty, there will be a hung jury. So, 11 jurors can ignore the law and evidence, while one wants to convict. And a hung jury results in a new trial.
Of course, the judge and prosecution should be weeding out the people who would engage in jury nullification. While not toally illegal, it is contrary to the judicial process where the juror is supposed to apply the law according to the facts. Here is a sample jury instruction that addresses that matter:
6.1 Duties of Jury to Find Facts and Follow Law
Members of the jury, now that you have heard all the
evidence, it is my duty to instruct you on the law that applies to this
case. A copy of these instructions will be available in the jury room
for you to consult.
It is your duty to weigh and to evaluate all the evidence received in
the case and, in that process, to decide the facts. It is also your
duty to apply the law as I give it to you to the facts as you find them,
whether you agree with the law or not. {my emphasis} You must decide the case solely
on the evidence and the law. You will recall that you took an oath
promising to do so at the beginning of the case. You should also not be
influenced by any person’s race, color, religious beliefs, national
ancestry, sexual orientation, gender identity, gender, or economic
circumstances. Also, do not allow yourself to be influenced by personal
likes or dislikes, sympathy, prejudice, fear, public opinion, or
biases[.] [, including unconscious biases. Unconscious biases are
stereotypes, attitudes, or preferences that people may consciously
reject but may be expressed without conscious awareness, control, or
intention.]
You must follow all these instructions and not single out some and
ignore others; they are all important. Please do not read into these
instructions or into anything I may have said or done as any suggestion
as to what verdict you should return—that is a matter entirely up to
you.
The federal case is a good point for getting a conviction since the feds win most of the cases they take to trial. I call US Federal practise "Let's make a deal", because unless you can come up with something that interests the Feds, they will hammer your ass.
And in this case, it's the death penalty.
I don't have a lot of time for this kid or his supporters, which should be pretty apparent by now.
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