Sunday, February 18, 2007

This Week in Libbyville

The case of I. "Scooter" Libby is likely to head to the jury this coming week with closing arguments set for Tuesday. The Washington Post has an interesting piece titled, "Almost Everyone Lies, Often Seeing it as a Kindness." The article speaks with Robert Feldman, "a social psychologist at the University of Massachusetts, who studies lying in everyday life." I guess I keep wondering what Martha Stewart would say about all of this.

Talkleft here has Libby's Revised Proposed Theory of the Defense Instruction. And the government has filed an objection to this Instruction and proposed its own final jury instructions. (see here from TalkLeft). 

Instructions can be important in a case.  Most juries try to follow the law and the instructions provide them with the applicable law to follow.  Many instructions are difficult for a jury to follow, as the legal language can be problematic, especially for those without a legal background.  Instructions can also be crucial if there is a conviction, as this is an avenue that can be used to present issues for review in the appellate court.  For example, the Arthur Andersen case was reversed premised on an instruction given in the trial court.

(esp) 

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