...would make that determination should have been crucial. Of course neither side would want to over-play their hand, but there still has to be some substance and preparation in order to attain the goal of a jury trial. It seems to me the Prosecution, especially, should have been more conscientious and motivated. I just don't see that here.
I think, based on your last comment, a jury trial meant only the Prosecution would present its case. Doesn't that seem odd, or am I up the creek without a paddle again? I think I read that in Lubet's book but can't find it that quick.
Joyce, I am curious if you actually understand the difference between a "jury trial" and the "Grand Jury" ordering a jury trial? The Grand Jury (then and now) only evaluates prosecution evidence and... more
I probably do not recognize a difference in the two descriptions as you present them. Looks like I will have to do some worthwhile research. I really appreciate your drawing attention to what is... more