Fatal shooting of Rayshard Brooks

[Brian37]

I disagree. I've seen lots of cases where people get off on very absurd defenses. Mob bosses come to mind. Jury selection isn't made just by the prosecutor, the defense has a say too. There is no given that either way, what a juror is going to think or say or do.  And as a defense lawyer it would be my job to sniff out someone who might side with my client. And in our current climate of favoring law first, you cannot say someone sympathetic to law enforcement won't get on that jury.

Thanks for the correction, you are right "Brooks". 

The Judge doesn't dismiss a case themselves, they may override a prosecutor pre trial, or even a grand jury. But if the client chooses a trial and the jury is hung or votes to acquit then the case is dismissed. 

There are lots of potential jurors in cases like this that will side with the cops. Just watch Fox News right now on this case. They have tons of viewers that would buy such fucked up argument. Again, like it or not, the defense lawyer is going to sniff out a potential juror they think might side with their client.

Close but no cigar oh rambling one...

Who Can Dismiss a Criminal Case?

The prosecuting attorney and the judge are the only ones with the power to dismiss a criminal case. Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant’s rights have been violated, or if the state has failed to prove its case. Judges can dismiss a case either on their own motion or on the motion of the defendant. Most charges, however, are dismissed by prosecutors, not judges.


As for who is selected or not for a jury...both sides have a certain number of people they can remove from the jury pool for pretty much any reason they want as long as the decision isn't based on race, gender, etc.

Then each side has a certain number of people it can remove from the pool for cause.

Of course, both sides are hoping to get the people who will be most likely to side with them.  Why bother otherwise with all that goes into seating a jury if you aren't looking for the people who will lean in your favor?  If they didn't have some say in trying to seat the best jury then there should just be a lottery and whoever draws the numbers of seats to fill become the jury.

"And judge" your words. I agree. But to get 12 jurors and alternates the prosecutor and defense lawyer and judge all have to agree on the pool. It is a selection process, not a guarantee either way. 

Pre trial motions, and discovery matter. If a judge deems improper protocol in collecting evidence, they can rule it out and if it cant make it to trial because of that ruling by the judge, the prosecutor is forced to dismiss the case. But even if all evidence is let in, jury nullification can still override both the judge and prosecutor. Juries have had a long history of leaning to defaulting to taking the word of police far more than convictions happen. 

All I am getting at is that if these officers don't plead out and go to trial, I would not put it past a MAGA "Law and order" juror making it to the pool of 12 and it either ending up in an acquittal or hung jury. 

The beating of Rodney King caught on tape is a prime example of what should not happen in a court, happening in that multiple officers got off with obvious abuse of force. 

It was obvious to the sane Rodney King, no matter what he had done, did not deserve  the abuse he got when cornered. But again, nobody can guess what a jury is going to think perfectly even after the jury pool is set. Otherwise the cops who beat him should be in prison.

It is a long term structural issue that allows the no brainer conviction to end up in acquittal or hung jury.

My bet is these two will get a lesser conviction in this case. I think the guy who didn't shoot who offered to testify against his partner has a far better shot at a more lean sentence. But there is a reason the killer cop got 11 charges. The DA is playing the odds that the most harsh charge might not stick, but the lesser charges are a better bet.