Wednesday, September 10, 2014

A Cloud of Witnesses

Bear for the defense.
The Bear is off to federal court to resolve two of a dwindling number of cases. After today he will be one step closer to the "actually retired" phase of retirement, as opposed to the "not taking any new cases" phase.

He feels no nostalgia for the practice of law. Especially not for federal court where defendants don't even have a fighting chance. (In the district in which I practice, federal prosecutors have never lost a drug case.)

Funny, in all the drug conspiracy cases the Bear has handled, there have never been actual drugs in evidence in any of them. They are all made up of cumulative eyewitness testimony. Testimony by fellow druggies.

This is not to say they are bad cases, because if enough people say the same thing -- even bad people -- it can be very compelling. Indeed it can be proof beyond a reasonable doubt, the highest standard of proof known to the law. In other words, a jury does not have to actually see something in order to believe it.

The prosecutor's case would be all the stronger if the witnesses were upstanding citizens, instead of criminals.

Imagine how powerful a case it would be if the witnesses were not just upstanding citizens, but saints.

2 comments:

  1. When do you expect to have all your cases resolved and enter the "actually retired" phase?

    ReplyDelete
    Replies
    1. Could be this year. I do tend to drag 'em out ;-) But two down today, and good results, too!

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