Monday 17 November 2014

Applying Reasonable Doubt




Once upon a time, a defendant was on trial for murder in a big city. Though there was strong evidence indicating guilt, there was no corpse. But knowing that his client would probably be convicted, the defense lawyer decided to hatch a trick, in his closing statement.

Addressing the jury, defense lawyer said, "Ladies and gentlemen of the jury, I have a surprise for you all. Within one minute, the person presumed dead in this case will walk into this courtroom." He looked at his watch then looked toward the courtroom door. The jurors, somewhat stunned by the statement, all looked on eagerly. A minute passed, but nothing happened.

Finally the defense lawyer said, "I actually made up that statement, to prove my point. And you all looked on with anticipation. I, therefore, put it to you that there is reasonable doubt in this case as to whether anyone was really killed; and I insist that you return a verdict of not guilty." The jury, clearly confused, retired to deliberate. A few minutes later, the jury returned and pronounced a verdict of guilty.

In exasperation, the lawyer inquired, "But how? You must have had some doubt. I saw all of you stare at the door." And the jury foreman answered, "Oh yes, we all did look toward the door. But your client didn’t."

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