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Black's lawyers seem partial to an approach that worked flawlessly for Johnnie Cochran in the O.J. Simpson trial. They've suggested that they will create doubt by roughing up the prosecution's star witness, Black's former partner David Radler, on the stand, thereby persuading jurors to acquit because the proverbial glove doesn...

Author: /time Magazine | Title: The Benefits of Doubt. | 3/22/2007 | See Source »

...tactic that exploits confusion over the meaning of reasonable doubt--and how much is needed to acquit. Even jurors in the trial of I. Lewis Libby, a well-educated bunch, stumbled over the term's definition. And it is supposed to make convictions difficult. The Constitution requires the government to be damned sure someone is guilty before taking away his life or liberty. "Reasonable doubt," though "quantitatively imprecise," denotes a high "degree of confidence" in a suspect's guilt, wrote U.S. Supreme Court Justice John Harlan in the 1970 case that gave a constitutional imprimatur to the standard...

Author: /time Magazine | Title: The Benefits of Doubt. | 3/22/2007 | See Source »

...jury instructions in the Libby trial were typical of those used across the country. They defined reasonable doubt as "a doubt based on reason--a doubt for which you have a reason based upon the evidence or lack of evidence in the case." Several similarly unhelpful sentences followed, but the implication was that jurors should look for evidence of doubt. If a defendant doesn't offer enough, he may get convicted, even when the prosecution's case is weak...

Author: /time Magazine | Title: The Benefits of Doubt. | 3/22/2007 | See Source »

...soon for the judge to choose jury instructions in the Black trial. But if she and each side's lawyers are up on the latest research, and a little bit bold, they'll consider the "fully convinced" approach. Conrad Black couldn't ask for more...

Author: /time Magazine | Title: The Benefits of Doubt. | 3/22/2007 | See Source »

...school’s “educational mission”—a vague term at best—could potentially be banned under such terms. It’s unfortunate that this most inane incident has caused the greatest uproar, but regardless, the significance of the trial cannot be understated. The incremental retreat of student rights here represents a threat to the foundation of rights everywhere. We agree with Justice Samuel A. Alito, who said that claiming that schools can block any speech that interferes with their educational mission is “a very, very disturbing...

Author: By The Crimson Staff | Title: Muzzled In Alaska | 3/22/2007 | See Source »

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