Thursday, July 14, 2011

Evidence disallowed by the trial Judge shown in Clemens Criminal. Result? Mistrial.

In any criminal court trial, the Judge decides what evidence is admissible and what is not - they serve as a gatekeeper. Nowhere is this more important that in a criminal Jury trial. The Court in Roger Clemens' criminal perjury trial decided that certain evidence was inadmissible and would unduly prejudice the defendant, in this case, The Rocket himself.

This legal process of having the Judge serve as a gatekeeper of information is fundamental to our system of justice. The Judge is charged with preserving the integrity of the system, and most importantly, with assuring fundamental fairness. Nowhere is this more important than a case where freedom is at stake, like in a criminal trial or, you guessed it, a DUI trial.

Why after a direct order would a prosecutor attempt to introduce the prohibited evidence or exhibit? What do you think?

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