tag:blogger.com,1999:blog-13079355.post114710858749326233..comments2023-09-21T03:28:35.308-05:00Comments on Full Metal Attorney: Reasonableness and Jury NullificationFull Metal Attorneyhttp://www.blogger.com/profile/04818204892818121018noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-13079355.post-1147630970257746302006-05-14T13:22:00.000-05:002006-05-14T13:22:00.000-05:00I'm going to preface this by saying that a future ...I'm going to preface this by saying that a future public defender, I have a tendency to think of everything in terms of criminal law (or hockey, but that's another story), so if I fail to see the larger picture, that's why.. <BR/><BR/>You make the reasonable person standard sound like nothing more than a CYA for lawmakers who are too lazy to get specific, and I think that's unfair and unrealisticJaynehttps://www.blogger.com/profile/10070910296346403557noreply@blogger.comtag:blogger.com,1999:blog-13079355.post-1147362966571556622006-05-11T10:56:00.000-05:002006-05-11T10:56:00.000-05:00TG, I do see what you mean. But I think it's also ...TG, I do see what you mean. But I think it's also likely that many jurors would ask themselves if they could see themselves in the defendant's position, i.e. screwing up the exact same way. If they could, I think they'd be unlikely to find against the defendant. This is why it's similar to nullification, because jurors only nullify if they wouldn't want to be in the defendant's position because Full Metal Attorneyhttps://www.blogger.com/profile/04818204892818121018noreply@blogger.comtag:blogger.com,1999:blog-13079355.post-1147317911337982682006-05-10T22:25:00.000-05:002006-05-10T22:25:00.000-05:00If you had to redesign the standard, how would you...If you had to redesign the standard, how would you do it?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-13079355.post-1147280692172499962006-05-10T12:04:00.000-05:002006-05-10T12:04:00.000-05:00I see your point better now. In Michigan, our sta...I see your point better now. In Michigan, our standard is phrased differently - a person of orindary learning, judgment and skill is the std. It's a pretty low std, but you'd be amazed at how hard some people work to get their behavior to fall below it ;)<BR/><BR/>I'm not sure, though, that I'm buyin' the "do whatever they want" stmt, b/c I think though different people may have a different trusty gettohttps://www.blogger.com/profile/12428191762443615975noreply@blogger.comtag:blogger.com,1999:blog-13079355.post-1147270099041183272006-05-10T09:08:00.000-05:002006-05-10T09:08:00.000-05:00You're certainly right on all counts, but I wasn't...You're certainly right on all counts, but I wasn't really saying that the connection is that strong.<BR/><BR/>My point is that the "reasonable person" standard is so vague that when jurors apply it they are essentially doing whatever they want to do. The trial and instructions put it all in perspective and tell the jurors how to think about the issues, but in the end they have free reign to do Full Metal Attorneyhttps://www.blogger.com/profile/04818204892818121018noreply@blogger.comtag:blogger.com,1999:blog-13079355.post-1147195336519914582006-05-09T12:22:00.000-05:002006-05-09T12:22:00.000-05:00If you run through the history of both concepts, I...If you run through the history of both concepts, I think you'll find that the similarities you perceive in the concepts aren't really there, certainly not the way your connecting them. I think if you watch a mock jury deliberate or poll a jury after a verdict, you will see a much different, more principled, and more meticulous thought process than you're describing here. Despite political trusty gettohttps://www.blogger.com/profile/12428191762443615975noreply@blogger.com