Thursday, May 04, 2023
One of the things that Ray Acito used to say to me was that "Jurors want to do a good job." It's an important advocacy point, of course. If, as I am, you are usually on the defense side of the caption it's important to recognize that the natural inclination of most people is to sympathize with someone who feels aggrieved and that unless they have a good reason to find against the plaintiff you are very likely to lose your case. On the criminal side jurors are likely to favor the prosecution unless they are persuaded that the forces of the government have been unfairly brought to bear against the defendant. So now we have the Proud Boys, who tried that approach, convicted of seditious conspiracy and in a week in which the Supreme Court has never looked worse I find myself thankful for a judicial process that seems to have worked. I've also been following the testimony and the rulings made by the Hon. Lewis Kaplan in E. Jean Carroll's case against Trump and thinking that this is a trial that seems to be being conducted well. So I haven't lost faith in the judicial system yet, but I'm not ruling it out
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