Showing posts with label burden of proof. Show all posts
Showing posts with label burden of proof. Show all posts

Tuesday, April 14, 2015

. . . It's What you Can Prove in Court.

An earlier post employed a movie clip from the movie, Law Abiding Citizen, featuring a prosecutor's explanation that, "it's not what you know, it's what you can prove in court" to explain to a victim's father the agreement to a plea bargain for her accused killer.  That story was fiction.  This story is fact.

In Kansas, a man originally charged with murder for severing the head of an acquaintance with a guitar string was sentenced to just over 4 years in jail following a plea agreement to a reduced charge of involuntary manslaughter.

According to the Topeka Capital Journal:

On March 14, 2014, a former girlfriend of [the defendant] testified he told her he killed [the victim], by using a guitar string to sever the victim’s head, then disposed of the body and kept the head in a bag. A part of the victim’s skull was discovered March 24, 2012, at a house in rural Carbondale in Osage County when [a woman] who lives with . . . the defendant’s father, said she was searching for mushrooms. Instead, she found the top of [the victim’s] skull. 

However, as it came time to proceed to trial: 

Other than a portion of the victim’s skull, prosecutors didn’t have the victim’s body, the murder weapon hadn’t been recovered, not all the prosecution witnesses were available, and prosecutors faced “credibility issues” with a major witness, [the prosecutor] said.

Not suprisingly, the family of the victim was outraged.  But, "it's not what you know, it's . . . "


Wednesday, October 26, 2011

"It's Not What You Know, It's What You Can Prove in Court"

Students seem to be quite familiar with the movie Law Abiding Citizen and from time to time send me clips to illustrate a point.  I have not seen the movie, but from some of the scenes that I have viewed there seems to be a lot of action and swearing. The courtroom scenes that I have viewed exhibit that liberties have been taken in portrayals of the legal system.  Yet, the short clip linked below rang true for me.  If it speaks to students, all the better.

Click HERE or on the image below to see the video.

Image result for law abiding citizen prosecutor