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To: SergeiRachmaninov
Ironically, if Reid had stopped at blocking or ramming the perps' car, he would have recovered his property and they both would have undoubtedly been caught, even if they fled on foot.

"Undoubtedly" is too strong. Likely, sure, but I don't know enough about the surrounding terrain to know if they could blend in and disappear before the cops arrived, and I dont' know whether the car was registered to one of the perps and could be tracked back to him, or it was stolen.

I guess my sympathy with protecting property would stop a little short of what Reid seems to have done -- deliberate ram a man on foot (not buying the old foot-stuck-on-gas-pedal story).

What's relevant isn't whether you buy that story, but whether a jury will buy it. Or will choose to believe it so they don't have to convict (i.e. jury nullification). Or if a prosecutor will conclude that the jury is so likely to do so that prosecuting would be a waste of time. It only takes one person who believes the wrong-pedal story to hang a jury.

54 posted on 11/09/2007 10:10:02 AM PST by ReignOfError
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To: ReignOfError
Or will choose to believe it so they don't have to convict (i.e. jury nullification). Or if a prosecutor will conclude that the jury is so likely to do so that prosecuting would be a waste of time. It only takes one person who believes the wrong-pedal story to hang a jury.

You make a good point.

Not being a lawyer, I've never thought much about strategies aimed at jury nulification (beyond that great, old, anti-PC Jack Lemmon film, How to Murder Your Wife). I can see where it might be very useful to give the jury something to at least pretend to believe.

64 posted on 11/09/2007 10:20:28 AM PST by SergeiRachmaninov
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