Every Wednesday I'm going to try and bring to you, my faithful readers, legal
headlines to keep your eyes on for the rest of the week ahead. Here are the ones I'm
planning on keeping my eyes on...
Ex IMF Chief Strauss-Kahn
Strauss-Kahn, in case you haven't heard, was recently
arrested on sexual assault charges. As sometimes happens in a high-profile
case, more and more allegations are arising as this case gets more media
coverage. One can't help but wonder how many more charges will be added
against him as this case gets more publicity.
Giants Fan brutal beating outside of LA Dodgers Stadium
On the opening game at the LA Dodgers Stadium a man was brutally beaten for wearing
a Giants jersey. After much advertising and reward offering, 31 year old
Giovanni Ramierez was arrested as being the primary aggressor in the case.
The police are still looking for other suspects that have fled the scene.
Any information you may have about this case should be given to the LA
police department.
The High Court of California and their call for a Prison Population Reduction
The high court of California has called for a reduction in the
prisons' population. The issues on the table are potential violations of
prisoners' constitutional rights, which have to be balanced against concerns
over protecting the people of California.
The case of Christian Choate
This case pulled at my heartstrings as I read about it this morning. This little boy was dead for nearly two years before someone actually realized it. Taken into his father and
step-mother's custody in 2005, this young boy was allegedly beaten and
abused until the end of his days, where his guardians then buried the body
wrapped in garbage bags. I'll be paying particularly close attention to
this case in the hopes at this poor boy gets justice.
Questions, Comments, Concerns about your own legal matters? Elliott & Davis
offers free 30 minute legal consultations! 412-780-0008 and of course you
can always contact us via blog, Facebook and Twitter!
Wednesday, May 25, 2011
Thursday, May 19, 2011
The CSI Effect: How Television is Creating Unrealistic Expectations in the Courts
CSI, Law and Order, Detroit 1-8-7, Criminal Minds, JAG, and the list goes on and on. There seems to be no shortage of legal dramas these days. While these programs are intended for entertainment, the viewers are coming away with much more than a Thursday evening spent in front of the tube. These programs are creating a glamourized version of the truth which leads the public to hold false expectations of the criminal justice system.
I will never forget one of my first jury trials as a prosecutor that involved an actor carrying a firearm without a valid permit. I thought the case was open and shut. The actor was stopped by police for a minor traffic violation and during the stop the officers recovered a .45 from the vehicle. The actor admitted the gun was his at the time, and told the officer he did not have a permit.
When the case came up for trial, the defendant decided that the gun wasn’t his after all. Doesn’t really matter because the crime of carrying a firearm without a license is a crime of possession, not ownership. So we went through with a jury trial. I thought I couldn’t lose.
When the jury returned a verdict of not guilty, I almost fell out of my chair. I thought they acquitted him because of something I did wrong, or perhaps they just didn’t like me. It couldn’t have been the evidence. I had more than enough evidence to convict. So I waited until after the judge’s final instructions and requested to speak with the jurors. I needed to know what I did wrong.
The jurors were very candid with me. They thought this guy was guilty too. They liked the way I put the case on. They disliked the other attorney’s approach and disliked the defendant in general. So what the hell happened?
The jurors wanted to see fingerprints on the gun. No fingerprints, no conviction. They were shocked when I failed to produce such compelling evidence. The arresting officer even testified that weapons are not examined for fingerprints for this type of crime. Ever.
I asked the jury why they would think that Allegheny County, with its limited budget and overburdened crime lab, would examine a little pistol for fingerprints for a non-violent offense when the gun was sitting right next to the defendant in plain view of the police. “Because that’s how they do it on TV.”
It’s not just juries that have fallen ill with CSI Syndrome. Victims and defendants have the same high expectations, with no regard for the realities of the criminal justice system. In reality, no investigation is ever completed in an hour, forensics doesn’t get involved with every single crime, the actors are not that physically attractive (sometimes they’re even hideous), and witnesses rarely confess to crimes on the stand.
Because working within the criminal system wasn’t challenging enough, now prosecutors, judges, defense attorneys, victim advocates, and the like have to find creative ways to lower expectations. So next time you’re summoned for jury duty, prepare for it by watching Jersey Shore.
I will never forget one of my first jury trials as a prosecutor that involved an actor carrying a firearm without a valid permit. I thought the case was open and shut. The actor was stopped by police for a minor traffic violation and during the stop the officers recovered a .45 from the vehicle. The actor admitted the gun was his at the time, and told the officer he did not have a permit.
When the case came up for trial, the defendant decided that the gun wasn’t his after all. Doesn’t really matter because the crime of carrying a firearm without a license is a crime of possession, not ownership. So we went through with a jury trial. I thought I couldn’t lose.
When the jury returned a verdict of not guilty, I almost fell out of my chair. I thought they acquitted him because of something I did wrong, or perhaps they just didn’t like me. It couldn’t have been the evidence. I had more than enough evidence to convict. So I waited until after the judge’s final instructions and requested to speak with the jurors. I needed to know what I did wrong.
The jurors were very candid with me. They thought this guy was guilty too. They liked the way I put the case on. They disliked the other attorney’s approach and disliked the defendant in general. So what the hell happened?
The jurors wanted to see fingerprints on the gun. No fingerprints, no conviction. They were shocked when I failed to produce such compelling evidence. The arresting officer even testified that weapons are not examined for fingerprints for this type of crime. Ever.
I asked the jury why they would think that Allegheny County, with its limited budget and overburdened crime lab, would examine a little pistol for fingerprints for a non-violent offense when the gun was sitting right next to the defendant in plain view of the police. “Because that’s how they do it on TV.”
It’s not just juries that have fallen ill with CSI Syndrome. Victims and defendants have the same high expectations, with no regard for the realities of the criminal justice system. In reality, no investigation is ever completed in an hour, forensics doesn’t get involved with every single crime, the actors are not that physically attractive (sometimes they’re even hideous), and witnesses rarely confess to crimes on the stand.
Because working within the criminal system wasn’t challenging enough, now prosecutors, judges, defense attorneys, victim advocates, and the like have to find creative ways to lower expectations. So next time you’re summoned for jury duty, prepare for it by watching Jersey Shore.
Wednesday, May 18, 2011
The Curious Concept of the Lawyer
What is a lawyer? For some, the answer to this question is the least likable individual on the planet. There are countless lawyer jokes to back this up. Going to a lawyer is something you should do ONLY if necessary. The idea of going to their office makes you feel as if you are descending into the fiery pits of the abyss, and you wonder if you will come out with your soul intact. After all, a lawyer is other-worldly. They have no soul, no notion of good, and are filled with greed and lust after your money; what little you have of it.
OK, so I may be a little bit facetious here, but if some of this rings true, you certainly aren't alone in thinking it. Many people have this preconceived notion of the lawyer, though, perhaps not so vivid.
However, at least at Elliott & Davis this is not the case. No, I'm not a lawyer trying to sell my own company. Instead, I'm an intern, trying to help a company that is the exact antithesis of what people believe to be the stereotypical lawyer. I can attest to this fact because I'm writing from the outside looking in and so far, this is what I've found Elliott & Davis and all of their 15 attorneys to be: They are ordinary people, trying to lead ordinary lives. They are members of the amazing community of PIttsburgh. They are family men and women, brothers and sisters, parents, and children. Like you they worry about their future and those that they care about. Making money is not their primary objective. They keep long hours, not because they are greedy, but because they are trying to do the best job that they can for their clients. No, their office is not a fiery abyss, rather it is a charismatic old building located in Downtown Pittsburgh. The atmosphere inside is warm and inviting. You are greeted with a smile, not because you are a paycheck, but because you are here because you need to be, and they want to help.
This is what I've found the law firm of Elliott & Davis PC to be: warm, friendly, and open. They challenge the stereotypical concept of the lawyer and go on helping the good people of the Pittsburgh community and will help anyone that needs a good, trustworthy and caring lawyer.
Elliott & Davis is a full-service law firm with expertise in the areas of corporate law, nonprofit law, mergers and acquisitions, real estate law, immigration law, estates & trust, intellectual property law, technology law, domestic relations law, criminal law, and civil litigation. As such, you can expect the blog to breach all these issues. The goal of this blog is to engage those interested in law, from lawyers to the average joe, and to have an ongoing discussion with the community. This blog will be a tool to inform individuals about what is happening at the firm, and a way to discuss local, national and international issues of interest to our readers. If you have any requests or inquries, please send us a line at marianne@elliott-davis.com and comment on the blog.
About ResIpsa: You may find the name of the blog curious, at least if you're not a lawyer. The title comes from the common law of negligence, res ipsa loquitur, which means that something was so inherently negligent and off the wall that it condemned itself.
OK, so I may be a little bit facetious here, but if some of this rings true, you certainly aren't alone in thinking it. Many people have this preconceived notion of the lawyer, though, perhaps not so vivid.
However, at least at Elliott & Davis this is not the case. No, I'm not a lawyer trying to sell my own company. Instead, I'm an intern, trying to help a company that is the exact antithesis of what people believe to be the stereotypical lawyer. I can attest to this fact because I'm writing from the outside looking in and so far, this is what I've found Elliott & Davis and all of their 15 attorneys to be: They are ordinary people, trying to lead ordinary lives. They are members of the amazing community of PIttsburgh. They are family men and women, brothers and sisters, parents, and children. Like you they worry about their future and those that they care about. Making money is not their primary objective. They keep long hours, not because they are greedy, but because they are trying to do the best job that they can for their clients. No, their office is not a fiery abyss, rather it is a charismatic old building located in Downtown Pittsburgh. The atmosphere inside is warm and inviting. You are greeted with a smile, not because you are a paycheck, but because you are here because you need to be, and they want to help.
This is what I've found the law firm of Elliott & Davis PC to be: warm, friendly, and open. They challenge the stereotypical concept of the lawyer and go on helping the good people of the Pittsburgh community and will help anyone that needs a good, trustworthy and caring lawyer.
Elliott & Davis is a full-service law firm with expertise in the areas of corporate law, nonprofit law, mergers and acquisitions, real estate law, immigration law, estates & trust, intellectual property law, technology law, domestic relations law, criminal law, and civil litigation. As such, you can expect the blog to breach all these issues. The goal of this blog is to engage those interested in law, from lawyers to the average joe, and to have an ongoing discussion with the community. This blog will be a tool to inform individuals about what is happening at the firm, and a way to discuss local, national and international issues of interest to our readers. If you have any requests or inquries, please send us a line at marianne@elliott-davis.com and comment on the blog.
About ResIpsa: You may find the name of the blog curious, at least if you're not a lawyer. The title comes from the common law of negligence, res ipsa loquitur, which means that something was so inherently negligent and off the wall that it condemned itself.
Subscribe to:
Posts (Atom)