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> Typically (almost always) the defence has the last word to the jury. (presumption of innocence). This is actually the complete opposite of the truth. Almost
by jcranmer 2y ago
> Typically (almost always) the defence has the last word to the jury. (presumption of innocence).
This is actually the complete opposite of the truth. Almost always, the side who has the absolute last word to the jury is the side that bears the burden of proof, i.e., the plaintiff (or government in a criminal trial). Usually this manifests as plaintiff goes first, then defendant, then plaintiff gets a rebuttal argument.
- dukeofdoom 2y agoYou're correct. But in this case, because the second crime was the reason for the felony charge, and revealed in the closing arguments. The only way it could be have been responded to, is if the judge allowed to defence to go last. This will be one of the contentions in any appeal.
- jcranmer 2y agoSo the NY criminal dockets are sufficiently closed down that I can't find the defense's briefing papers on its motions. But given that some of the public orders do castigate that defense for trying to reraise the same "these charges are complete bullshit" too many times, that the defense helped prepare the jury instructions (which specifically include mention of the second crime), and the fact that the underlying second crime has been heavily reported on news media since the charges were first brought, I find it hard to believe that the first opportunity the defense could have known about the second crime was in closing arguments. Also, I don't see in the transcript of the closing arguments any objections defense raised to the second crime only being brought up then, so even if it were true, it can't be raised in appeal.
- dukeofdoom 2y agoSo what was the second crime?
- deleted 2y ago[deleted]