Going to court
Several years ago I was a participant in
a capital murder case. The process by which that case was finally brought to
trial exhibits the importance of the court and jury system to each of
us.
The defendant in that was was a suspect for several months. The individual had been watched by detectives, had been questioned by them on three separate occasions. Finally they submitted their reports and the district attorney felt that there was sufficient evidence for an arrest.
One the arrest was made both the prosecution and defense teams began gathering information and contacting potential witnesses. This process took over three years. Private investigators for each side traveled thousands of miles across the country interviewing those who might bring testimony which could be used for or against the defendant.
While this was going on many motions were made before the judge to get the charges dismissed against the defendant and motions were made by the district attorney to speed up the prosecution of the charges.
When the case came to court a jury was chosen, a lengthy process in itself due to the wide knowledge of the case. The trial began and it lasted over two months.
The jury deliberated for several days before handing down a guilty plea. Once that plea was in the judge set a date for the sentencing phase of the trial.
In this portion of the trial, during which I testified, the jury considered the pleas of both the defense and prosecution regarding the ultimate fate of the convicted defendant. They heard many family members of the victims, from experts in various fields, and from family and friends of the defendant. Then they deliberated. Their decision was probably the only one that could have been expected in this case even thought it was not the one that the defendant's family and friends would have chosen. But I believe that this case was carefully prepared and carefully brought to its final conclusion.
Trials such as the one briefly described help us understand the importance of America's court system and the legal procedures which are in place. We often joke about lawyers and the fact that they are the only ones who win in a legal actions. But because of the process we, the accused, are offered the best opportunity to defend ourselves against the accuser.
Imagine a different type of court system and then decide which you prefer. Let's assume that this court system is held in the media. Here the person who decides to bring changes against us is known as Nameless Accuser.
Nameless Accuser can bring charges before the public against U. R. Guilty at any time he chooses. He does this through the media--his court. The interesting thing about this court is that in it Nameless Accuser is the prosecutor, the judge and the jury. He decides the verdict; he decides your guile; he decides your sentence.
Since his case is presented through the media, you are allowed no defense; you are not allowed to respond to the charges; you are allowed no witnesses; you are never allowed to question Nameless Accuser. Of course that would be impossible since he shields his identity behind the hood of anonymity so that he never must face U. R. Guilty.
Nameless Accuser is always protected. Nameless Accuser is guaranteed the right to continue to bring charges against any U. R. Guilty which he selects to prosecute. You never know whom he will be watching; you simply know he is out there preparing his next case--a case which always concludes with a guilty verdict.
Imagine how you would feel when the charges were leveled against you for all of your peers to know. Imagine the sense of shock when you were singled out for no apparent reason. Imagine the disbelief when your sentence was to "...leave town." But you had no opportunity to speak in Nameless Accuser's court. It is his court and you are guilty as charged and sentenced as he chooses.
Which court system do you prefer? One assures you of the opportunity of a proper defense, methodically prepared. The other allows prosecution, trial, verdict and sentence to be completed by nameless accuser; affords you no defense, denies you the right of facing your accuser; denies you the right to ask questions of the accuser; denies you the right to offer witness in you defense.
Which system would you prefer to use if charges were made against you and you had to go to court?
(written July, 1999)
The defendant in that was was a suspect for several months. The individual had been watched by detectives, had been questioned by them on three separate occasions. Finally they submitted their reports and the district attorney felt that there was sufficient evidence for an arrest.
One the arrest was made both the prosecution and defense teams began gathering information and contacting potential witnesses. This process took over three years. Private investigators for each side traveled thousands of miles across the country interviewing those who might bring testimony which could be used for or against the defendant.
While this was going on many motions were made before the judge to get the charges dismissed against the defendant and motions were made by the district attorney to speed up the prosecution of the charges.
When the case came to court a jury was chosen, a lengthy process in itself due to the wide knowledge of the case. The trial began and it lasted over two months.
The jury deliberated for several days before handing down a guilty plea. Once that plea was in the judge set a date for the sentencing phase of the trial.
In this portion of the trial, during which I testified, the jury considered the pleas of both the defense and prosecution regarding the ultimate fate of the convicted defendant. They heard many family members of the victims, from experts in various fields, and from family and friends of the defendant. Then they deliberated. Their decision was probably the only one that could have been expected in this case even thought it was not the one that the defendant's family and friends would have chosen. But I believe that this case was carefully prepared and carefully brought to its final conclusion.
Trials such as the one briefly described help us understand the importance of America's court system and the legal procedures which are in place. We often joke about lawyers and the fact that they are the only ones who win in a legal actions. But because of the process we, the accused, are offered the best opportunity to defend ourselves against the accuser.
Imagine a different type of court system and then decide which you prefer. Let's assume that this court system is held in the media. Here the person who decides to bring changes against us is known as Nameless Accuser.
Nameless Accuser can bring charges before the public against U. R. Guilty at any time he chooses. He does this through the media--his court. The interesting thing about this court is that in it Nameless Accuser is the prosecutor, the judge and the jury. He decides the verdict; he decides your guile; he decides your sentence.
Since his case is presented through the media, you are allowed no defense; you are not allowed to respond to the charges; you are allowed no witnesses; you are never allowed to question Nameless Accuser. Of course that would be impossible since he shields his identity behind the hood of anonymity so that he never must face U. R. Guilty.
Nameless Accuser is always protected. Nameless Accuser is guaranteed the right to continue to bring charges against any U. R. Guilty which he selects to prosecute. You never know whom he will be watching; you simply know he is out there preparing his next case--a case which always concludes with a guilty verdict.
Imagine how you would feel when the charges were leveled against you for all of your peers to know. Imagine the sense of shock when you were singled out for no apparent reason. Imagine the disbelief when your sentence was to "...leave town." But you had no opportunity to speak in Nameless Accuser's court. It is his court and you are guilty as charged and sentenced as he chooses.
Which court system do you prefer? One assures you of the opportunity of a proper defense, methodically prepared. The other allows prosecution, trial, verdict and sentence to be completed by nameless accuser; affords you no defense, denies you the right of facing your accuser; denies you the right to ask questions of the accuser; denies you the right to offer witness in you defense.
Which system would you prefer to use if charges were made against you and you had to go to court?
(written July, 1999)
Posted: Tue - January 31, 2006 at 05:31 PM
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"Chance favors only the prepared mind." - Louis Pasteur
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In a museum most people spend less than twenty seconds looking at a work of art."
"Art arises from basic needs-a strong need to express and celebrate our everyday events.
In a museum most people spend less than twenty seconds looking at a work of art."
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Published On: Jan 31, 2006 05:31 PM
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Published On: Jan 31, 2006 05:31 PM