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ATTN Lawtalkers: Jury selection

Started by Viking, March 12, 2012, 03:53:10 PM

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Viking

March 12, 2012, 03:53:10 PM
http://translate.google.com/translate?sl=no&tl=en&js=n&prev=_t&hl=no&ie=UTF-8&layout=2&eotf=1&u=http%3A%2F%2Fwww.aftenposten.no%2Fnyheter%2FRetten-ma-vurdere-meddommer-pa-nytt-6782865.html%23.T15hEPVwZCA

Soooo.. a spree killer goes mad kills 70 plus people at a summer camp for being members of the organisation that organised the summer camp. .

At the trial one of the jury substitutes is the father of a local chapter leader of the organisation that organized the summer camp and probably participated in the camp on previous years. 

The question is, do you exclude the father?
First Maxim - "There are only two amounts, too few and enough."
First Corollary - "You cannot have too many soldiers, only too few supplies."
Second Maxim - "Be willing to exchange a bad idea for a good one."
Second Corollary - "You can only be wrong or agree with me."

A terrorist which starts a slaughter quoting Locke, Burke and Mill has completely missed the point.
The fact remains that the only person or group to applaud the Norway massacre are random Islamists.

Scipio

#1
March 12, 2012, 03:54:27 PM
I would.  In the US, you could get him struck for cause.
What I speak out of my mouth is the truth.  It burns like fire.
-Jose Canseco

There you go, giving a fuck when it ain't your turn to give a fuck.
-Every cop, The Wire

"It is always good to be known for one's Krapp."
-John Hurt

CountDeMoney

#2
March 12, 2012, 03:57:09 PM
Knowing European judicial systems, I'm surprised the jury pool isn't filled with family members of the defendant.  THEYRE SORTA LIKE PEERS

Viking

#3
March 12, 2012, 04:01:34 PM
Well, in norway the jury pool is usually pulled from election rosters lists. So, unsurprisingly the first act of political terror in norway results in the specific target obviously gets it's own jury member.

Those who might remember that I have bitched about this specific aspect of the norwegian jury system previously.
First Maxim - "There are only two amounts, too few and enough."
First Corollary - "You cannot have too many soldiers, only too few supplies."
Second Maxim - "Be willing to exchange a bad idea for a good one."
Second Corollary - "You can only be wrong or agree with me."

A terrorist which starts a slaughter quoting Locke, Burke and Mill has completely missed the point.
The fact remains that the only person or group to applaud the Norway massacre are random Islamists.

Barrister

#4
March 12, 2012, 04:02:40 PM
Quote from: Viking on March 12, 2012, 03:53:10 PM
http://translate.google.com/translate?sl=no&tl=en&js=n&prev=_t&hl=no&ie=UTF-8&layout=2&eotf=1&u=http%3A%2F%2Fwww.aftenposten.no%2Fnyheter%2FRetten-ma-vurdere-meddommer-pa-nytt-6782865.html%23.T15hEPVwZCA

Soooo.. a spree killer goes mad kills 70 plus people at a summer camp for being members of the organisation that organised the summer camp. .

At the trial one of the jury substitutes is the father of a local chapter leader of the organisation that organized the summer camp and probably participated in the camp on previous years. 

The question is, do you exclude the father?

Even as the prosecutor I would want to excldue that person.

That being said - I probably would never know.
Posts here are my own private opinions.  I do not speak for my employer.

HVC

#5
March 12, 2012, 04:19:37 PM
As a defense lawyer I'd let him stay and then if I lost call for a mistrial :lol:
Being lazy is bad; unless you still get what you want, then it's called "patience".
Hubris must be punished. Severely.

DGuller

#6
March 12, 2012, 04:21:06 PM
I'm not a lawyer, but I think I get the gist of lawyering from watching Law & Order.  Of course I would exclude the guy.

Barrister

#7
March 12, 2012, 04:22:48 PM
Quote from: HVC on March 12, 2012, 04:19:37 PM
As a defense lawyer I'd let him stay and then if I lost call for a mistrial :lol:

Not going to work.

Now the new lawyer could argue incompetence of counsel because the first lawyer allowed the biased juror to get on the jury, but as the first lawyer that's not much help...
Posts here are my own private opinions.  I do not speak for my employer.

Ed Anger

#8
March 12, 2012, 04:32:27 PM
If I was a lawyer, I would have already put a gun to my head and pulled the trigger in shame of being a lawyer.
Stay Alive...Let the Man Drive

Barrister

#9
March 12, 2012, 04:47:02 PM
Quote from: Ed Anger on March 12, 2012, 04:32:27 PM
If I was a lawyer, I would have already put a gun to my head and pulled the trigger in shame of being a lawyer.

Shame?  What is this word 'shame'?
Posts here are my own private opinions.  I do not speak for my employer.

HVC

#10
March 12, 2012, 05:01:40 PM
Quote from: Barrister on March 12, 2012, 04:22:48 PM
Quote from: HVC on March 12, 2012, 04:19:37 PM
As a defense lawyer I'd let him stay and then if I lost call for a mistrial :lol:

Not going to work.

Now the new lawyer could argue incompetence of counsel because the first lawyer allowed the biased juror to get on the jury, but as the first lawyer that's not much help...
could lawyer number 2 work for the same firm, or is that still a no-no?

*edit* or could i claim i didn't know until after the trial. Won't work in this case becasue of the news coverage, but in a other not so covered story?
Being lazy is bad; unless you still get what you want, then it's called "patience".
Hubris must be punished. Severely.

Martinus

#11
March 12, 2012, 05:03:03 PM
Quote from: Ed Anger on March 12, 2012, 04:32:27 PM
If I was a lawyer, I would have already put a gun to my head and pulled the trigger in shame of being a lawyer.
:D

Viking

#12
March 12, 2012, 05:13:09 PM
Quote from: Barrister on March 12, 2012, 04:47:02 PM
Quote from: Ed Anger on March 12, 2012, 04:32:27 PM
If I was a lawyer, I would have already put a gun to my head and pulled the trigger in shame of being a lawyer.

Shame?  What is this word 'shame'?

Emotions that people (non-lawyers in lawtalker speech) have when they do or feel something that they are uncomfortable telling their mothers about.
First Maxim - "There are only two amounts, too few and enough."
First Corollary - "You cannot have too many soldiers, only too few supplies."
Second Maxim - "Be willing to exchange a bad idea for a good one."
Second Corollary - "You can only be wrong or agree with me."

A terrorist which starts a slaughter quoting Locke, Burke and Mill has completely missed the point.
The fact remains that the only person or group to applaud the Norway massacre are random Islamists.

Capetan Mihali

#13
March 12, 2012, 05:17:30 PM
Quote from: HVC on March 12, 2012, 05:01:40 PM
Quote from: Barrister on March 12, 2012, 04:22:48 PM
Quote from: HVC on March 12, 2012, 04:19:37 PM
As a defense lawyer I'd let him stay and then if I lost call for a mistrial :lol:

Not going to work.

Now the new lawyer could argue incompetence of counsel because the first lawyer allowed the biased juror to get on the jury, but as the first lawyer that's not much help...
could lawyer number 2 work for the same firm, or is that still a no-no?

*edit* or could i claim i didn't know until after the trial. Won't work in this case becasue of the news coverage, but in a other not so covered story?

AFAIK, in the US at least, ineffective assistance of counsel claims would be brought by the person appealing his conviction to the court -- either by the person himself (though I think all jurisdiction have a first appeal by right) or through an attorney, who I guess could be from the same firm, with all the usual conflict of interest rules applying.
"The internet's completely over. [...] The internet's like MTV. At one time MTV was hip and suddenly it became outdated. Anyway, all these computers and digital gadgets are no good. They just fill your head with numbers and that can't be good for you."
-- Prince, 2010. (R.I.P.)

Eddie Teach

#14
March 12, 2012, 05:20:56 PM
Quote from: Viking on March 12, 2012, 05:13:09 PM
Emotions that people (non-lawyers in lawtalker speech) have when they do or feel something that they are uncomfortable telling their mothers about.

Like joining the Mile High Club?  :huh:
To sleep, perchance to dream. But in that sleep of death, what dreams may come?
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