Thursday, February 12, 2009

To be a prosecutor in Florida

I love to watch "CSI Miami" on Monday nights. The Vegas version is so much about the technical science of CSI, Miami is more about entertainment. And I love to be entertained.

The messages they leave with the person who doesn't work in the criminal justice system, to say the least, leave alot to be desired. To say the most, they are down right false.

Okay, so CSI Miami starts with a courtroom scene where they are trying some guy for murder. The testimony goes by quickly (well, it is only a 1 hour show). The most disturbing part is during final argument. In the trial, the defendant did not testify on the advice of his brilliant legal counsel Sean "Puff Daddy P Diddy Dimwiddie" Combs. So the prosecutor says to the jury, "We have heard from everyone except one person, the defendant. His silence shows his guilt."

WHAT? In Texas, if a prosecutor comments on a defendant's failure to testify, you can be sure that your conviction will be overturned on appeal so fast it will make your head spin. The defendant's right to remain silent is absolute, and his failure to testify in his own trial cannot be used as evidence against him, period.

So when I saw this happen on TV, I'm thinking that people are going to think that sort of thing is proper to do. Well, it's not...at least, unless they have a different version of the United States Constitution that they follow in Florida.

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