Posted in grit and glitter, Prosecutor's Corner, Uncategorized

#3 The Jury Trial Where I Learn About Constructive Criticism

Remember when I told that DUI’s are where new criminal prosecutors often cut their teeth on jury trials?

Jury trial #3 involved a DUI where the defendant had been pulled over for speeding, he exhibited routine objective signs of intoxication, admitted to having 1 beer with dinner, and had marginal success on the field sobriety tests administered to him. His BAC (Blood Alcohol Content) was .12% approximately 15 minutes after driving.

Pretty basic fact pattern right? Well, the lesson here isn’t in the guilty verdict. In fact, it never really is. The mistrials and not guity verdicts are where I’ve learned the most. However, this particular case was an eye opener for me despite the successful outcome.

Sometimes when you see the same thing over and over again, like in an assignment like DUI’s you forget that while some of the facts are similar, every single case is different. This is because fundamentally the purpose of a jury trial is to provide the defendant with their constitutional right to have the issue of guilt decided by a jury of their peers. It’s unique because it affects them on an individual and personal level.

Victims also have a constitutional right to be present at all court hearings and have their opinions, their suffering, and their loss taken into account at sentencing. It’s the human factor that makes each trial separately important, because while it may be similar in nature to other criminal events, its important and life altering for the victims of the crime and the defendant who stands accused.

The investigating officer in this case loved DUI’s because of the formulaic structure, just like I love jury trials involving DUI because of the relatively straight forward presentation of evidence. The pattern provides guidance, but sometimes that structure can become commonplace.

After the verdict the majority of the jury held back so that they could meet with meet with me and the defense attorney. They wanted to provide specific feedback on this very issue. While it was directed at the officer who investigated the DUI, I felt that it rang true in DUI trials as well. The members of the jury felt that the words used to describe the objective signs and symptoms had simply become routine descriptors in our officer’s investigations and counseled that they would like him to pay attention to his word choice in the future. For example, the officer in this case testified to seeing “slow, thick, and slurred speech” when in reality, the body camera footage showed “slight slurring” of speech. They specifically said that the officer in this case sounded like he was talking about ANY DUI rather than this SPECIFIC DUI.

The officer and I worked together after receiving the feedback to figure out ways to present future DUI’s without sounding generic. We decided that more focus on the word choice for both defendant’s physical manifestations of impairment, as well as a slower breakdown of the field sobriety tests (i.e. why they were used and what specifically the defendant did during them that caused him to pass/fail). Body cameras were relatively new in this area around the time and so we discussed using that tool to review the investigation completed when drafting the final report.

The constructive criticism the jury provided in this case has stuck with me. It is a reminder of the importance of criminal prosecution. We must balance the rights of the accused, the rights of the victim, as well as the safety of the public in every single case. And while the facts may be routine, this duty is far from it; which is why every jury trial is unique and important, no matter what the crime may be.

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Music, Ballet, Disney, and Lady Justice are just a few of my favorite things!

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