If you are asking me at a personal level whether Aaron Hernandez should
have been found guilty, my answer is “hell yes.” If you are
asking me at a professional level, I’ll tell you that justice is
in the process and not the verdict.
The Beauty of the U.S. Legal System
Our founding fathers, the real patriots, not the Robert Craft’s team
that I love to hate, are applauding Aaron Hernandez’s acquittal on
murder charges. Our legal system is one that is grounded in due process and not
merely sentiment or public opinion.
Now before you scoff and say I’m just a
criminal defense attorney in Phoenix who is happy that the bad guy got off, remember a few really
important things that the real Patriots set in motion when crafting the
United States Constitution.
All Verdicts Must Be Unanimous
In a criminal case, all jurors must be unanimous in their verdict. What
that means is that each and every juror must find the Defendant guilty,
or they must find him not guilty. In the event that all jurors can’t
agree unanimously, it’s called a hung jury, a mistrial is declared
and a new trial must occur.
Practically speaking, a hung jury is a great for a criminal defense attorney.
The prosecution has shown its cards, and in any new trial that occurs,
the defense will know exactly where the prosecution is going and will
be able to better counter their arguments.
Guilt Must Be Proven Beyond a Reasonable Doubt
While different states have different interpretations of exactly what this
means, the Revised Arizona Criminal Jury Instructions tell jurors that
they must be “firmly convinced” of each and every element
of the charge before they find a defendant guilty. On the other hand,
if there is any “real possibility” that the Defendant is not
guilty, they must find him not guilty.
The term “real possibility” is music to an attorney’s
ears. Almost every criminal defense attorney will argue “real possibilities”
of the Defendant’s innocence in every case and tell jurors that
if there is even one real possibility that the prosecution has not proven
their case, they must find the Defendant not guilty.
Protect Your Rights by Hiring a Skilled Phoenix Criminal Defense Attorney!
If you are facing serious criminal charges, such as conspiracy,
sex crimes, or
white collar offenses in an Arizona state or federal court, you need to hire the best criminal
defense attorney to make sure that no prosecutor tramples on your rights.
Jason Lamm has been among Arizona’s best criminal defense attorneys for years.
His high-profile victories for clients charged in any number of different
types of criminal cases have distinguished him as the attorney for clients
who can’t afford to lose. Personal and confidential consultations
can be scheduled by calling (602) 663-9100. While Jason will never like
the New England Patriots or Aaron Hernandez, his work has undoubtedly
made the real patriots proud.