Misdemeanor Trials

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Authors: Milton Schacter
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defendant, how much they liked the prosecutor, or how the defendant looked. 
    In law school, Trader had learned about the origin of the 12 member jury system.  Jurors in tenth century England were selected from people in the village, who knew the defendant, so they probably had a good idea if the defendant was guilty or not before the trial started.  If he were a previously convicted felon, the accused could not even testify in those days, because everyone in the village knew that felons lied and cheated.  The village jurors were not impartial and definitely had a stake in the outcome.  In the early development of juries in the American colonies, only men who owned land could be on a jury.  They too, had a stake in the outcome.  The jury pool Trader looked at did not have a stake in the outcome.  None of them would ever be the next victim of the defendant they exonerated.  Today jurors were called from people who paid property taxes, or had a driver’s license, or had registered to vote.  Generally the pool was drawn from people who had established lives, who were responsible and generally played by the rules.  There were no felons in the jury pool.  The defendant lived in a different part of town than they did, and he was not part of their social or economic circle.  They had no tangible stake in the outcome.  But the jurors would make a decision and it would be regarded as justice.
    A person from the jury pool was seated in seat number 12 to replace the excused juror and the process continued.
    After a few more questions, Trader and the Public Defender agreed on a jury.  Trader presented his opening statement, which was short and parroted the police report.  Vanessa was walking home alone from school on a residential street.  The defendant drove by slowly, and when he was a little bit ahead of her, he stopped the car, got out.  She saw that he had no pants on, and was sporting a fully erect penis.  She screamed.  The defendant got back into the car and drove away.  Vanessa was able to see the license plate and she gave that to the police along with a description of the car and of the defendant. 
    Then Casey gave a short opening statement.  He said that Vanessa may have seen what she described to the police, but that his client was not the person who committed the crime.  He said the identification was flawed and that at the end of the trial they will see there is not only reasonable doubt about his guilt, but a clear and unambiguous doubt.  When he sat down the Judge looked at Trader and said, “Call your first witness.”
    “The Prosecution calls Vanessa Kayla Carlson.” Trader walked to the courtroom door and called for Vanessa to come inside.  He directed her to the witness chair where she was sworn in by the Clerk.
    The Clerk asked, “Do you swear, under penalty of perjury, to tell the truth, the whole truth, and nothing but the truth?”
    Vanessa responded, “I do”.
    Trader wondered what happened to the swearing in of witnesses like he had seen and heard in the movies and on television so many times.  “Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?” But God was no longer in the admonition, and apparently was no longer in the courtroom.  Trader realized any moral consequence to lying on the stand was lost in political correctness.  He knew that perjury was rarely charged, and very difficult to prove.  Lying witnesses were home free.
    As Vanessa finished her oath John felt a body sitting in the chair next to him.  It was a young girl, blond, and dressed in a very distinct red dress.  She leaned over and whispered to John, “Tom sent me over to help.  Casey is a pig.  Whenever I hit your leg with mine, say 'objection'.”
    “Okay,” whispered John.
    Judge Crawford looked at Vanessa and said, “Please tell us your name.”
    “Vanessa Kayla Carlson.”
    The Judge turned to John, “Your witness, Mr. Trader.”
    John stood up, put

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