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Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz
Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz
Law Faculty Scholarship
Imagine that you are falsely accused of a serious crime and that you are now on trial before a judge and jury. You knew before the trial began that the judge had a reputation as a “law and order” judge, as a judge who was not at all receptive to the arguments of most criminal defense attorneys. You have been watching as the judge and your attorney have been engaged in what appears to be an adversarial battle throughout the trial, but you have taken some comfort in the fact that it will be the jury, not the judge, who …
Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies
Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies
Law Faculty Scholarship
Prosecutors face the continual temptation to overreach in decisions about the control of information. At each phase of a criminal proceeding, from investigation through trial, prosecutors make crucial decisions about information to disclose and highlight with courts, juries, and the public. In ordinary times, courts, defense counsel, the media, and internal sources of oversight can place some constraints, however tenuous, on the prosecutor’s efforts to monopolize the management of information. However, external events, such as the attacks of September 11, 2001, can weaken these constraints, producing alarming spikes in prosecutorial power.