Mistrial Divide and Conquer - 261
This page is a record of the notes and discussions about Mistrial that we’ve generated in class. The questions, comments, and observations here are coming from you guys, rather than me. I just wrote down what y’all said. :)
Chapter 2
Guiding Questions
- What does it take to be a Defense Attorney?
- Fearlessness, strong character, and morality.
- What’s the difference between prosecutors and defense attorneys?
- Prosecutors call more witnesses.
- Prosecutors do more direct examination.
- Defense does more cross-examination.
- Defense is always trying to get a “soft landing”—the best possible deal for their clients.
Main Ideas
- Focuses on expectations and reactions to defense attorneys. People are cruel to them—death threats, insults.
- No defense attorney wants to let murderers “get off.”
- They just don’t want to see innocent people behind bars.
Chapter 3
Guiding Question
- Why do Geragos and Harris have so many celebrity clients?
- They’re based in LA.
- Celebrities attract lawsuits.
- Geragos and Harris are kind of famous for representing celebrities.
- They don’t take many of those cases because celebs often feel entitled to free service.
Main Ideas
- Mainly a lot of stories about their clients.
- Lots of good examples, but not really making much of an argument.
Chapter 4
Guiding Question
- Why is there so much misconduct among prosecutors?
- There’s been a change in attitudes over the last 20 years.
- The job of the prosecutor should be “to do justice” (Geragos and Harris 120).
- Now, many prosecutors see themselves as “Batman in a coat and tie” (116).
- They want to win cases and put the bad guy away—winning cases has become more important than finding the truth.
Main Ideas
- The more powerful prosecutors get, the less they follow the law.
- Many hide evidence that might prove the defendant not guilty.
- Many use witnesses they know will lie.
- Winning is the most important thing.
- Prosecutors are much more reluctant to drop bad cases than they used to be.
- The public usually supports prosecutors who are “tough on crime.”
Chapter 5
Main Ideas
- Judges have to remain neutral or else get kicked out.
- Judicial review boards are made up of more senior/experienced judges, and they can remove a judge for misconduct.
- Judges are elected officials, so they have to be “tough on crime” in order to stay in office.
Chapter 6
Guiding Questions
- Why do cops lie?
- They see it as the right thing to do.
- They think that it’s okay if it takes a criminal off the streets.
- Nobody wants to accuse a cop of lying because we honor and respect the police.
- Why do cops get away with crimes?
- There’s a code of silence among cops—other officers will either back up their stories or keep quiet.
Main Ideas
- Planting evidence is the most common form of police misconduct.
- It’s hard to catch “known” criminals in the act (173).
- Police lie because they think they know what happened, but they can’t prove it.
Chapter 7
Guiding Questions
- What are the cases, and how do they win?
- Jurors can get rejected for “cause”—that is, because the judge thinks they can’t be fair in this case.
- One example is when G&H got a former cop removed from a jury (194-195).
Main Ideas
- They describe lots of different situations where juries can cause problems.
- A lot of jury selection seems to be based on weird biases and generalizations (because they don’t always get to know prospective jurors personally).
Chapter 8
Guiding Questions
- Why does the media get to control what the people think?
- Most people are exposed to a lot of stuff that they don’t always fact check.
Main Ideas
- Media has access to lawyers and more info than normal people.
- Journalists are just interested in the next story—not necessarily the complicated truth.
- People tend to trust the media.
- Everybody comes into a case with bias, because there’s just so much media coverage.