Two Equal Foes
What the Fight is About
- The right to a speedy trial
- The right to a public trial
- The right to be judged by an impartial jury
- The right to be notified of the nature and circumstances of the alleged crime
- The right to confront witnesses who will testify against the accused
- The right to find witnesses who will speak in favor of the accused
- The right to have a lawyer
Investigations and Resources
How I Even the Odds
at different positions). If the cop does it wrong, the test is useless and can’t be used to prove impairment. I also look at who trained the police officer on conducting this scientific test. Hint: it was another police officer, not a scientist. I look at the studies underlying the test and if they apply to my client. I look at whether the conduct of the test conformed to the rigorous scientific protocol underlying its justification: you can’t determine in a lab setting that this test proves alcohol impairment under controlled conditions, then apply it on the side of the road, haphazardly performed, and say it proved the same thing as the controlled study.
Finding the Weakness
The Sixth Amendment — the Jury
Paine, “”I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” At the end of the day, juries tend to know what is fair regardless of the layers of officialdom that are used to obscure the facts. Juries even the odds.