Word: trialing
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This is how prosecutors talk, in fluent hyperbole. In their mind, the trial has already begun, and a press conference is an early chance to sway potential jurors and raise their own profile. But it's also how candidates for President talk: 9/11 Mayor Rudy Giuliani cited the J.F.K. plot as evidence that Democrats can't be trusted to keep us safe. "The Democrats want to put us in reverse to the 1990s," charged Giuliani (a former prosecutor, not coincidentally). "It's not a bumper sticker. It is a real...
...crime was racially motivated. Unless the facts leading to the sentence are determined by a jury (or admitted to in a guilty plea), the court said, a judge required to impose a sentence longer than "the prescribed statutory maximum" violates the defendant's Sixth Amendment right to a jury trial...
...January 2005, the high court finally gave an answer: enhancements required by the federal guidelines also violate the right to a jury trial, but the constitutional fix is to make the guidelines optional. So a judge can use his traditional discretion to determine sentences, while consulting the guidelines, and so long as the sentences are reasonable, they won't violate the Sixth Amendment...
...involving Byron Halsey, a man from Plainfield, N.J., who was exonerated on May 15. He served more than two decades in prison after being convicted of sexually assaulting, mutilating and murdering two of his girlfriend's children, ages 7 and 8. DNA testing was not available during Halsey's trial, but after obtaining all the necessary evidence - a process that took the Innocence Project three years - a DNA profile from the crime scene showed a direct link to the children's next-door neighbor, who is currently in prison for sexually assaulting two women in the early 1990s. "When...
...evidence, however, does not guarantee an individual's immediate exoneration. Prosecutors in Union County could re-try Halsey, although "it's inconceivable that there would be another trial in this case," Plotkin says. In most cases, the evidence is so convincing that prosecutors do not choose to hold a retrial, athough they do have that option. According to Neufeld, none of the 201 exonerations have resulted in a guilty verdict after a retrial. Bob Keller, the district attorney in the case of Calvin Johnson, who served more than 15 years in a Georgia prison for a rape he didn...