In New York, the model jury instructions directing jurors not to draw any negative inference from the fact that a defendant didn't testify, don't mention the 5th amendment.

I feel like this is helpful where in popular culture, people conflate "pleading the 5th" with guilt. Image
Also, in my experience, in New York, the judge will always question the person on trial about their decision whether to testify outside the presence of the jury.

Again, I think this is helpful in not causing the jury to speculate about why the decision was made.
People still do, and I will always address it, together with the prosecution having the burden of proof, during jury selection.

A lot of people say they don't feel they can be fair and impartial jurors unless they hear from the defendant and they can then be excused for cause.
I don't know, the way it is done in Minneapolis just seems to shine a big red flashing light on the fact that a person isn't testifying.

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More from @DrRJKavanagh

17 Apr
It would have been helpful if @andersoncooper had pointed out that Charles Morgan is a professional expert witness for the defense, not an unbiased academic observer.

The professor gets paid to testify that stress justifies police officers killing Black and Brown people.
In 2016, Dr. Morgan argued that stress caused Tulsa County Sheriff's deputy Robert Bates to grab his gun instead of his taser and shoot 44-year-old Eric Harris, who was Black.

tulsaworld.com/news/local/cri…
In that case, Bates was charged with manslaughter. After he shot Mr. Harris with his gun, according to the Tulsa County Sheriff's office, he immediately said, "Oh, I shot him! I'm sorry" (sounds familiar).

Ultimately he was sentenced to 4 years in prison.
Read 5 tweets
15 Apr
People need to stop with the hot takes on why someone wouldn't testify on their own behalf at trial.

It has nothing to do with guilt and everything to do with the prosecutor having the burden of proof.

Most criminal defense attorneys rarely put a client on the stand.
People have this idea that the person on trial should tell "their side of the story" but that's not how it works. It's not a "both sides" thing.

The prosecutor always has the burden. The defense doesn't even have to put on a case or cross examine prosecution witnesses.
And there are so many things that can go wrong when someone takes the stand that have nothing to do with a person's credibility.

Some people are just not good witnesses - maybe they are not confident, or not likeable, or speak in a way that is confusing.
Read 5 tweets
15 Apr
David Fowler, who today testified for Chauvin's defense, is being sued by Antwon Black's family for covering up police responsibility for his death.

Like George Floyd, Fowler found then 19-year-old Antwon died of cardiac arrhythmia caused by heart disease.theintercept.com/2021/04/04/der…
"The determination in Black’s case was part of a broader pattern of the medical examiner’s office relying on police narratives in cases involving deaths in custody, the complaint on behalf of the Black family argues."
Antwon Black died in eerily similar circumstances to George Floyd. "Both were unarmed. Both were pinned to the ground by multiple officers and said they were afraid of dying at the hands of police. Both cried out for their mothers. And both were ignored until it was too late."
Read 4 tweets
14 Apr
It's interesting how prosecutors always overcharge cases, except when it comes to White cops who kill Black people.

They charged Mohamed Noor with 2nd Degree Murder (he was convicted of 3rd).

Potter's conduct easily makes out Murder in the 3rd Degree.
thedailybeast.com/kim-potter-vet…
Murder in the 3rd degree requires that a person acted recklessly. Manslaughter in the 2nd requires that a person acted negligently.

I don't know about you, but I think a 26-year veteran of the police force shooting someone in broad daylight is pretty reckless.
In charging Potter with Manslaughter in the 2nd, prosecutors are essentially buying her argument that she mistook her taser for a gun.

Prosecutors do not normally believe what a defendant says.
Read 10 tweets
10 Apr
Matt Loughery, the photographer who manipulated images of Khmer Rouge victims to make it appear they were smiling, did the same thing to old mug shots, was interviewed by the same journalist, and @VICE published that article two weeks ago. vice.com/en/article/pkd…
Here are those original photos. sydneylivingmuseums.com.au/justice-police…
Read 7 tweets
10 Apr
This is an absolutely appalling denigration of the victims of the Khmer Rouge genocide.
It appears the journalist who wrote the @vice story didn't even look at the original S21 photos to understand the photographer, Matt Loughrey, had not just colourised them but also changed them to make the victims appear to be smiling. vice.com/en/article/y3d…
Even more mind-blowing, when he is asked a question about the fact that some victims are smiling (again the interviewer has apparently not compared the original photographs) Loughrey says this:
Read 8 tweets

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