Jury Trial Research Paper
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7.2 Jury Deliberation
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It was , two years before George Floyd was killed in Minneapolis after similar treatment, with two officers holding down his lower body and one with a knee on his neck. The debate, playing out in autopsy rooms, courthouses and police training sessions across the country, hinges on a body of research, conducted primarily by a small group of doctors in San Diego over the past three decades, that concludes that prone restraint is safe and that deaths like those of Black and Floyd are caused by factors that have nothing to do with police tactics. It is widely cited by medical examiners, including Dr. David R.
Fowler, who signed off on the autopsy of Black. The precise number of in-custody death investigations the San Diego research has influenced is impossible to know, in part because it has been used to ensure that such cases never reach a courtroom. Criminal charges against officers in such cases are exceedingly rare. But as fatal police encounters draw increasing scrutiny, so has the research — a growing chorus of experts argues that it is flawed and has been too broadly applied. The studies do not, and ethically cannot, replicate the stress and violence of real police pursuits, and critics say they fail to take into account the physical vulnerabilities, including drug use, obesity and preexisting health conditions, of many people who wind up being subdued.
On Thursday, a leading medical journal published a new study that found that fatal police violence is frequently misclassified, in part because medical examiners identify other reasons for deaths that occur in police custody. Chauvin was convicted. Alon Steinberg, chief of cardiology at Community Memorial Hospital in Ventura, California, and the author of a recent paper on prone restraint and cardiac arrest.
But the San Diego studies have continued to mislead officers into believing the technique is safe, he said, and have given the legal system a means to excuse their actions. After the autopsy report on Black, the local prosecutor said he would not pursue criminal charges against the police officers involved. Russell Alexander, relied on the San Diego studies when he reached his conclusions. The Office of the Chief Medical Examiner declined to comment on the case because it is the subject of litigation. They pepper-sprayed him, wrestled him to the degree pavement and hogtied him.
At the time, it was widely accepted that prone restraint, used to subdue combative or disorderly people, could be lethal. It compresses the torso and restricts breathing, potentially leading to what is referred to as positional asphyxia or restraint asphyxia. Many police departments had already banned the most extreme form of prone restraint, hogtying, and in the Justice Department warned of its dangers. The San Diego doctors proposed a study, paid for in part by the county, that would measure the effects of hogtying in controlled laboratory conditions. Tom Neuman, Gary M. Vilke, Theodore C. Chan and Jack L. Several of the doctors have received hundreds of thousands of dollars for testifying in defense of police officers.
Many departments still teach officers that prone restraint is dangerous and should be used only sparingly. In December, Vilke testified before a grand jury considering charges in the death of Daniel Prude, who had died after an encounter with the police in Rochester. The officers placed Prude, who had taken PCP and had been running, in a mesh hood that covered his mouth and nose, and then held his face to the street.
Experts agree that prone restraint may well be safe for most people. But they said that drug use, mental crisis, preexisting conditions, obesity and exertion can increase the need for oxygen to the point where even a small restriction can be fatal. Judy Melinek, a prominent American forensic pathologist practicing in New Zealand. Michael Freeman, a forensic epidemiologist who has testified for families in police custody death cases, said the San Diego studies have had the effect of pushing medical examiners to look past the obvious to more far-fetched explanations. On the day that Anton Black died, a police officer confronted him after a call reporting that an older boy had a younger boy in a headlock.
Ten days earlier, Black had left the psychiatric ward of a hospital with a diagnosis of bipolar disorder. The Saint Paul Police Department said they arrested three men connected to the fatal shooting on Sunday afternoon. The messages indicate that the cops and the cartel worked together to capture, torture, and murder at least 38 of the 43 student teachers who went missing in September of The students had made the deadly mistake of commandeering several buses in order to drive to Mexico.
The teen was eating at a sushi restaurant in Queens on Monday when the suspect put her in a chokehold, an NYPD spokesperson told Insider. Police said they were still working out how Brian Laundrie escaped undetected while under surveillance over Gabby Petito's disappearance. A Louisiana State Police officer was found dead in Ascension Parish Saturday night as law enforcement authorities have swept across the region looking for a suspect in the murder of one person and the shooting of several others. Moreover, the failure to enforce the Speedy Trial Act , where Congress explicitly set up time limits in which federal crimes must be charged and tried, has forced many defendants to choose between taking a plea deal or have the judge act as the jury.
Longer delays are commonplace, Draper added, since all parties are incentivized to disregard or abuse the Act. While these pre-pandemic problems have been well documented, Draper notes that even if these troubles are eliminated, it will not solve the Sixth Amendment problems in our post-pandemic world — particularly with a seemingly insurmountable trial backlog. Several courts around America attempted to implement new procedures to continue conducting criminal jury trials, including trials that were socially distanced and in person, others that were conducted by video conference technology, or a hybrid of both methods, Draper details.
Video conferencing for jury trials has been employed to reduce the backlog of cases created by the pandemic. The backlog is heavy. In Texas, as of May , there are approximately 50, additional felony cases pending than there were at the start of the pandemic. While the problem is clear, Draper writes that the solution is not. In order to ensure that defendants who want a fair criminal jury can get one, Congress should enact measures to end the trial penalty, as well as properly enforce the Speedy Trial Act, the paper said. Most importantly, Draper added. Draper acknowledged that still more must be done — including providing a substantial investment in video conferencing technology to snuff out technological issues, delays, and access inequality in certain counties.
Draper also teaches law students advanced trial practice skills and professionalism in lecture and court while being a former prosecutor and current Assistant County Attorney in Harris Count, Texas.
