Together and apart: two juries, one trial

Article Abstract:

Federal District Judge Richard P. Matsch faces a dilemma in the 1995 Oklahoma City Bombing Case because one of the defendants, Terry L. Nichols, has offered important evidence of Timothy J. McVeigh's guilt. McVeigh is the other defendant and Matsch has ruled that admitting Nichols's statements would be a violation of McVeigh's constitutional confrontation rights. Rather than indulging in the expense and time of holding successive trials, Matsch should order one trial using two juries. Both state and federal appellate courts have approved the dual-jury method and Matsch would be on solid legal ground.

Evidence (Law), Nichols, Terry L., Confrontation (Criminal law), Confrontation (Law)

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A potentially explosive execution

Article Abstract:

The death penalty for such terrorists as convicted Oklahoma bomber Timothy McVeigh may actually strengthen terrorist groups and advance their agenda. This is because such groups tend to be united in their view of the government as enemy and gain cohesion after being attacked. Members of the group and other terrorist groups are likely to perceive the death penalty against one of their number as excessive government retaliation. The US should follow the example of some fragile democracies and use direct, measured response to terrorism.

Capital punishment

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Evidence; McVeigh and fairness

Article Abstract:

An issue in US v. Mcveigh, the first trial arising from the 1995 Oklahoma City bombing, was the application of the balancing test under Federal Rules of Evidence 403. The trial court ruled the defense evidence of an alternative perpetrator, the Elohim City evidence, to be inadmissible under the balancing test. Moreover, the victim testimony was more prejudicial to McVeigh's defense than the alternative perpetrator evidence was to that of the prosecution.

United States, Laws, regulations and rules, Evidence, Criminal, Criminal evidence

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