I can vividly recall a conversation with my late-mentor in which we were discussing criminal jury trial strategy. I can still hear him saying to me, "Shawn, when the facts are against you, argue the law. When the law is against you, argue the facts. And, when both the facts and the law are against you, argue emotion."
I have never observed a clearer example of the pitfalls with the latter part of this theoretic strategy than in the Casey Anthony trial. While about a month or so has passed since the conclusion of the Casey Anthony trial, her name still comes up in the news and her case can serve as a near perfect example for the pitfalls in underestimating a criminal jury's ability and affirmation of its oath to follow the law.
As you may recall, Casey Anthony was charged with murder incident to the death of her daughter. In this case, the prosecution focused on the fact that Casey Anthony initially lied about the whereabouts of her daughter. The prosecution focused on evidence of Casey Anthony offering lies on top of lies all while partying as though she was without a care in the world. Ultimately, her daughter's body was found and the evidence painted a picture of a horrific death. Despite all of the prosecution's evidence suggesting Casey Anthony was a bad mother and liar of biblical proportions, there was very little or no evidence linking Casey Anthony as the cause of her daughter's death.
From a distance, it appears the prosecution was probably a bit overzealous out of the gate and likely overcharged. Having made their bed and being forced to now sleep in it, the prosecution was forced to compensate for both factual and legal deficiencies in its case. Despite these deficiencies, there was no lack of emotion given the case resolved around the heinous and tragic death of a toddler girl. Thus, the prosecution argued emotion.
I had not been following the case closely. Nonetheless, it seemed everyone around me in my personal life was living the trial moment by moment. I can remember a friend coming up to me during the closing arguments. He was telling me that Casey Anthony was clearly guilty because she lied about this and that. In response, I jokingly responded that it was a good thing they didn't charge her with lying. As you may now know, she was charged with lying and was found guilty of lying...but not murder.
And, this is where the lesson is found.
It is easy for us to sit back in the comfort of our own homes or surroundings and judge a case, a defense, or a prosecution without consequence for ourselves. However, it is an entirely different experience when you have to own your decision or judgement. Unlike us, those sitting on a jury have a great responsibility and must own their decision and the impact it has on all involved.
Unlike you and I in our living rooms fixed to a television, a jury takes an oath. As part of that oath, they agree to be fair and impartial, follow the law, and set aside emotion. While they are still human, I have found most jurors take their oath very seriously and do their best to strictly adhere to its charge. While emotion may be the deciding factor where a close call needs to be made, it should probably never be the sole factor.
This lesson is important for people who have been accused of a crime and may be considering a criminal jury trial. While it is never an easy decision to put your case and your life in the hands of 12 strangers, it may be easier if the prosecution is not offering you a deal. However, where there is a deal, the reasonableness of the same should be closely scrutinized before blindly placing your freedom in the hands of these strangers.
Certainly, as part of the process, you and your attorney must evaluate both the facts and the law to determine what, if any, defenses may be available. A risk-reward assessment should occur and be followed with a clearly defined strategy to implement your goals. However, when this assessment yields no legal or factual defenses and all you are left with is an argument founded in pure emotion, you should proceed with caution before placing your case, your life, and your freedom in the hands of a jury. This is where the Reverse Casey Anthony Effect can come into play. And, you do not want this effect to produce the same result for you that it did for the prosecution in the Casey Anthony trial.
If your life has been placed on the line based upon criminal accusations that have been made against you, you need a
PA Criminal Defense Attorney who understands the ins and outs of negotiations, trial strategy, and the jury selection and trial process. If you want to place your case in the hands of experience, as opposed to chance, and need an attorney who values your life as much as you do,
contact us today.