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  1. #1

    Default How to Get a Fair Trial in a Small Town

    My question involves criminal law for the state of: Florida

    If involved in a police chase, should the police not have a dash board video of the chase?

    Second question:

    If you have a right to fair trial. If your trial falls in a county that has a very very small population, wouldn't it be unfair and probable that someone in the jury knows either the officer, district attorney, the judge, or someone in the court room? Would this be considered un fair? Would they go to a neighboring city?

  2. #2
    Join Date
    Jul 2010
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    Default Re: Right to Fair Trial

    Quote Quoting sunnyflordia
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    My question involves criminal law for the state of: Florida

    If involved in a police chase, should the police not have a dash board video of the chase?
    Nope. The systems are expensive to buy, install and maintain. Not every department can afford it.

    Quote Quoting sunnyflordia
    View Post
    Second question:

    If you have a right to fair trial. If your trial falls in a county that has a very very small population, wouldn't it be unfair and probable that someone in the jury knows either the officer, district attorney, the judge, or someone in the court room? Would this be considered un fair? Would they go to a neighboring city?
    That is a matter for the defense to raise in court. It is not necessarily impossible to get an impartial jury under those circumstances. Depending on the full facts, which we don't have, no one here could say one way or another if it is unfair.

  3. #3

    Default Re: Right to Fair Trial

    Thank you for the little bit of help you could give due to my limited amount of details. I chose to keep it a simple question with limited details because I'm on bond for the charge, and currently waiting on trial. I just have some questions I would like to know someone from other then a lawyers view point, but maybe a citizens.

    I was thinking the jury would not be impartial, if the trial is in the small country town, where everyone knows everyone. I wouldn't consider it bi-rasist, because it's a primary white town, and I'm Caucasian myself. The problem lies between the population of the demographics of the city in which I was charged is less then a thousand. So I would consider everyone knowing each other is a high possibility.

    As for the cameras. The car had cameras, because I rode in it, so I know in fact that it did. But I'm thinking they are going to say, they didn't have a camera on. But if they were involved a case such as mine, I would consider it an assumption that they should be obligated that they have the cameras turned on in the state that they are involved an emergency or police chase correct?

  4. #4
    Join Date
    Jul 2010
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    8,006

    Default Re: Right to Fair Trial

    When the camera systems are active varies from department to department. One would think they would be during a high speed pursuit but we can't comment on an unknown department's policies. Heck, even if we knew we probably couldn't because it's unlikely anyone here worked for them. Why are you worried about the cameras? Are they alleging the cameras weren't on/didn't record? The system may have been broken or ran out of storage. I do not know of any states that have laws regarding the use of dashcams.

    Again, these are issues for a defense attorney to address. All we can do here is offer general ideas.

  5. #5
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Right to Fair Trial

    Quote Quoting sunnyflordia
    View Post
    I was thinking the jury would not be impartial, if the trial is in the small country town, where everyone knows everyone. I wouldn't consider it bi-rasist, because it's a primary white town, and I'm Caucasian myself. The problem lies between the population of the demographics of the city in which I was charged is less then a thousand. So I would consider everyone knowing each other is a high possibility.
    I live in a similar town and county where everyone knows everyone. That does not mean a person cannot get a fair trial. Your attorney can try to weed out those who might have a negative opinion of you, or a more than favorable one of the DA or officers from the outset through voir dire. Knowing someone does not mean that they will be unduly biased for or against them.

    As for the cameras. The car had cameras, because I rode in it, so I know in fact that it did. But I'm thinking they are going to say, they didn't have a camera on. But if they were involved a case such as mine, I would consider it an assumption that they should be obligated that they have the cameras turned on in the state that they are involved an emergency or police chase correct?
    As for the video, how could the video help you? You really WANT there to be video of you running from the cops and putting the lives of the general public and the officers at risk? You might want to pray that there is no video!

    In general, if the lights and sirens were active, the cameras should have been active if the system was functioning.

    How could the video help you at all?

  6. #6
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Right to Fair Trial

    All over this country people are receiving fair trials in small towns all day every day. It is a rare case that requires transfer to another jurisdiction.

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