Deafness should not affect jury selection

Article Abstract:

The argument of the lawyer for a deaf rape defendant in California that only fluent signers or deaf juror be included in the jury errs because the constitutional requirement that the jury represent a fair cross section of the community applies only to the general jury pool, not the jury ultimately seated. Reasons outside the constitution that the request errs include that an individual does not have to be fluent in sign language to observe the body language of a signer giving testimony. Feiger could mount a constitutional challenge to the jury composition because the pool excluded deaf jurors or could request jury instruction in sign language.

California, Jury selection, Deaf, Deaf persons

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Criminal law; prosecutors, beware

Article Abstract:

Prosecutorial misconduct must be quite egregious to lead to a judicial reversal of the conviction, although defendants routinely try to win reversal on these grounds. Appellate courts have in 1998 heard more than 800 cases in which defendants have alleged prosecutorial misconduct in their cases. The courts are ordinarily reluctant to reverse a conviction because of improper prosecutorial comments during trial. Prosecutors have grown most vulnerable to attack in the way they dealt with informants and cooperating witnesses.

Public prosecutors

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Criminal law; proffer pitfalls

Article Abstract:

The US Sentencing Guidelines only have one alternative for federal defendants aiming for significantly reduced sentences, to give the government substantial assistance. Recent case law, however, shows the perils to both sides of reaching a cooperation agreement. The 1995 ruling United States v. Mezzanatto ruled that it was permissible to include a waiver of the right not to have plea discussions used in a later prosecution, and recent decisions have shown a willingness to enforce this decision.

United States, Pleas of guilty, Guilty pleas

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