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  1. #1
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    Default What Happens if a Defandant Knowing He's About to Lose Speaks Directly to Jury and

    My question involves criminal law for the state of: California

    And is found not guilty?

    Say since this happens ALOT. The prosecutor has exculptary evidence which he knows for a fact will push the entire case in his favor after months of trial. He's such a sjw and wants to desperately believe he killed his wife for example and doesn't want to Lose a case and really only cares about winning the case and not so much the murder even though on the front he says he cares about the victim when really he wants to win as the prosecutor. He already knows witness statements, and camera evidence shows the guy was thousands of miles away from the scene of the crime but somehow he suppresses that evidence.

    The defendant knowing he's about to lose low key decides to make a statement. He says that he loves his wife and is devastated she's been murdered and he had nothing to do with it and wishes he could go back in time and be with her again. He says he believed in justice but then quickly says that this trial is just a charade, a fraud for the people so the government can excersise power and convict and innocent person just to "satisfy" the people with a guilty verdict and a closed case, and quickly slips in and directly faced and tells the jury that the prosecutor has suppressed key evidence that proves he wasn't even within a thousand miles of his wife on that day and there are dozens of witnesses and cameras all of which were not allowed as evidence in court, and if they were the jury would see the truth. Obviously the defendant is breaching the conduct of court, he gets contempt charges and the judge quickly has him taken out of the court and the judge tries and makes the jury believe and agree to dismiss those statements and not consider or talk or think or even mention about what he said. Even the court reporter is told not to record that statement. The jury deliberates and then returns with a not guilty verdict. Judge gets mad and calls them names and also gives the defendant 365 days in jail for contempt of court, however he's still not guilty.

    What happens? Would this be allowed? Or would the prosecutor cry and demand a new trial or something?

    Should the jury explain that his statement was the key reason why they came with a not guilty verdict or should they keep it hidden and just claim they didn't find the evidence sufficient enough even though it was?

    What if the jury also secretly (although they wouldn't need to and mostly the statement itself would be enough) decide to have one of them hire someone to secretly investigate his whereabouts on the day of the murder and discover he was thousands of miles away, and one of them mentions it during deliberation even though it's illegal and they vote not guilty based on that but no one finds out what they did? Do you think this would be true justice or should the jury listen to the judge and take it in the ass by the tag teaming prosecutor and judge and return the guilty verdict as they were already selected to begin with to have the highest chance of a guilty verdict anyway and go with that because who cares right? They're not going to prison for life after having lost their wife and been devastated now everyone also on top will believe the innocent defendant did it and he will be in prison for life for something he didn't commit. Two terrible things at once

  2. #2
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    Default Re: What Happens if a Defandant Knowing He's About to Lose Speaks Directly to Jury an

    Your hypotheticals are very far fetched.

    First, the prosecutor is obligated to turn over to the defense all exculpatory evidence the prosecutor has. Failure to do that can result in overturning a guilty verdict in the case. Second, in your scenario, the defendant knows of the exculpatory evidence and could use that to aid his defense, so he has no complaint there to make. Third, the defendant in a murder case is going to have an attorney and it will be the attorney making the closing argument.

    But in any event if the defendant were to try to address the jury for the closing argument in the improper manner you describe, the judge is going to shut that down right away, if necessary by either ordering the defendant restrained or removed from the courtroom. If the defendant nevertheless succeeds in making improper statements to the jury that might prejudice the outcome, the judge is going to order a mistrial and the defendant will face a second trial on the charges. The defendant may also face sanctions for his behavior. So this tactic won't work to get an acquittal for the defendant. It will never get to the jury.

    A jury hiring someone to investigate the case during the trial is extremely unrealistic. It is even more unrealistic that the private investigator would turn up anything useful. The rest of your question on this supposes that the defendant is innocent and that those involved know it and are railroading the defendant. If the jury knew that were the case then of course it should not convict the defendant.

  3. #3
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    Default Re: What Happens if a Defandant Knowing He's About to Lose Speaks Directly to Jury an

    Someone's been reading/watching too much Perry Mason.

  4. #4
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    Default Re: What Happens if a Defandant Knowing He's About to Lose Speaks Directly to Jury an

    Quote Quoting cbg
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    Someone's been reading/watching too much Perry Mason.
    Or Mickey Haller.

  5. #5
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    Default Re: What Happens if a Defandant Knowing He's About to Lose Speaks Directly to Jury an

    Why would any juror/jury believe a defendant addressing them in this manner ? If the defendant has anything that could help his case. He can testify, under oath. The defendant going against court room procedure. Standing and rambling his opinions. Would carry no weight with a jury. Juries consider evidence and the law. Neither applies if a defendant were to attempt this.

  6. #6
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    Default Re: What Happens if a Defandant Knowing He's About to Lose Speaks Directly to Jury an

    Quote Quoting Dave27701
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    And is found not guilty?
    Despite your use of a question mark, this sentence fragment is not a question, and I have no clue what you might have intended to ask.


    Quote Quoting Dave27701
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    Say since this happens ALOT.
    "Alot" (or "ALOT") isn't a word, and what you have described happens rarely or never.


    Quote Quoting Dave27701
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    The prosecutor has exculptary evidence which he knows for a fact will push the entire case in his favor after months of trial. He's such a sjw and wants to desperately believe he killed his wife for example and doesn't want to Lose a case and really only cares about winning the case and not so much the murder even though on the front he says he cares about the victim when really he wants to win as the prosecutor. He already knows witness statements, and camera evidence shows the guy was thousands of miles away from the scene of the crime but somehow he suppresses that evidence.
    This is really confusing. From a strict grammatical reading, all of the pronouns in these sentences refer to the prosecutor, but that doesn't appear to be what you intended. Also, "exculpatory" refers to evidence that has is or may be beneficial to the defendant. Exculpatory evidence most certainly would not "push the entire case in [the prosecutor's] favor." Also, it is quite rare for a trial to take "months."


    Quote Quoting Dave27701
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    The defendant knowing he's about to lose low key decides to make a statement. He says that he loves his wife. . . .
    I have no idea what "lose low key" might mean, but this is about the point where the defense attorney would grab the defendant and tell him to stop talking and the judge would tell the defendant to sit down and be quiet.


    Quote Quoting Dave27701
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    What happens? Would this be allowed?
    Of course not.


    Quote Quoting Dave27701
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    would the prosecutor cry
    What a strange and apparently silly question.


    Quote Quoting Dave27701
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    Should the jury explain that his statement was the key reason why they came with a not guilty verdict. . . .
    Juries don't explain their verdicts. However, if we're going to live in a fantasy world where a defendant can just get up in the middle of a trial and give a speech, then the jury should probably inform the sentient worm that is acting as a bailiff that they'd like to perform an interpretive dance routine.


    Quote Quoting Dave27701
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    What if the jury also secretly (although they wouldn't need to and mostly the statement itself would be enough) decide to have one of them hire someone to secretly investigate his whereabouts on the day of the murder
    That would be juror misconduct that Emperor Zarlak from the Planet Fremulon would deal with quite harshly. Also, the marshmallow people would likely squelch any attempt at an investigation.

  7. #7
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    Default Re: What Happens if a Defandant Knowing He's About to Lose Speaks Directly to Jury an

    Jeez, this wouldn't even make a good movie...
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  8. #8
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    Default Re: What Happens if a Defandant Knowing He's About to Lose Speaks Directly to Jury an

    Doesn't even look like a discernable (sp?) homework assignment. Looks like too much free time and imagination.
    Growing old, mandatory. Growing up, optional!

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