Testimony of the accused

William S. Lear rael at dejanews.com
Mon Aug 17 11:22:07 PDT 1998


On Sun, August 16, 1998 at 14:27:20 (-0400) james withrow writes:
>...
> Besides the legal distinction of guilty or not guilty, there's
>also the real life distinction of guilty or innocent to consider. If
>Mumia and his supporters wanted to press the case of his innocence,
>rather than the legal strategy that he deserves a new trial, I'd be more
>likely to want to do something about his situation. If there were some
>other explanation for the events that night, Mumia needs to speak up.
>His silence may be his legal right, but it doesn't make him look
>innocent.

This is where you are horribly misinformed about what makes our legal system run. I posed the question about a defendant "speaking up" to my wife, a lawyer, and this is her response:

o Once on the stand the prosecution can ask your client about all

kinds of other stuff that may make your client look like a major

asshole, but that really don't prove he committed the crime.

However, once stuff comes out of your client's mouth that makes

him look like a schmo, the damage to the jury is done. No matter

if the judge instructs the jury not to consider the witness's

statements in reaching their verdict, they're really going to.

That's why attorneys ask questions they know they're not allowed

to ask--the witness will answer before their attorney can stop

them, and the damage is done.

o Your client might make an awful witness. He could be extremely

nervous, or extremely cocky, etc. Once a bad impression is made

on the jury, you have a tremendous uphill battle.

o And of course, the whole idea that you are innocent until

proven guilty. The prosecution has to prove beyond a shadow of a

doubt that the defendant committed the crime. This is a

tremendous burden to meet --- the hardest one in our entire legal

system. Most of the time, the prosecution can't do this without

information from the defendant. If the defendant never confessed

to the police or anyone else about the crime, and was not caught

"red-handed", you certainly don't want to hand your client over

to the prosecution on a silver platter by putting them on the

stand. You're supposed to zealously represent your client, and

part of this means making the prosecution prove its case, i.e.,

making them work and jump through all the hoops for a conviction.

This is one reason why so many battles in criminal law are over

the legality of police searches and interrogations. If anything

about it was illegal, the prosecution can't use the fruits of the

search or an interrogation confession. The prosecution has to get

a conviction without any help from the defendant.

Your credulous acceptance of what the prosecution has asserted (their "narrative", as if it were as straightforward as that) is curious for someone professing to be interested in the truth of the matter, not to mention your confusion between notions of "factual problems" and "analysis presented of what those facts mean".

Bill



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