Nashville Criminal Law Report : Nashville DUI Lawyer & Attorney : Rob McKinney Law Firm : TN Criminal Defense, Domestic Violence : Cheatham, Davidson, Montgomery Counties

Dharun Ravi  was convicted last week on invasion of privacy charge as well as other charges . His criminal defense team tried to portray him as a jerky kid that meant no real harm. Mr. Ravi was charged for videotaping his roommate with his computer and then posting about it on Twitter .The jury rejected that defense and returned a guilty verdict.Ravi now faces prison and possible deportation.The New York Times reported Ravi turned down a plea bargain offer that would have required public service.

Here are a couple of thoughts why the kid defense did not work;

1. Mr. Ravi did not take the stand to explain his conduct.
2. Mr. Ravi gave videotaped testimony and admitted many of the facts of the case.
3. Mr.Ravi tried to change electronic messages .
4. It was alleged that Mr.Ravi tried to encourage a witness to change their testimony.

These facts indicate that the jerk kid defense would not work. The jury saw his taped interview, it had to be rebutted by his own testimony.

The biggest mistake was not accepting the plea bargain offer that was reported. The details were unclear but reports indicate it only included public service work.The risks of rejecting a plea bargain which avoids going to prison is always a gamble no matter how strong the defense.Being young and dumb is still a viable defense for youths charged with crimes , it appeared to the jury that Mr. Ravi may have been a little more sophisticated by his tweets.

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An old college friend send me a message the other day. She had an important question for me . How could I represent criminals if I knew they were guilty ?  It didn't take me long to come up with an answer . All of God's children need help. Sometimes they go astray , are  lead astray , or are just wired wrong. Sometimes I represent those that are guilty but are overcharged in their cases by the government to force the accused to accept a plea bargain agreement. Sometimes they need help for defending them during the sentencing phase of the case . The most important part is the oath that criminal defense lawyers take to defend their clients zealously and to defend the Sixth Amendment of the Constitution.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

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Under Tennessee criminal law , there are several different types of homicide or murder charges from first degree murder to criminally negligent homicide. Criminally negligent homicide is the least severe charge of murder . It is a Class E felony which carries a full range of punishment of 1 to 6 years in jail .

To prove a criminally negligent homicide , the evidence can show an intentional or knowing killing which is unjustified or a killing which was proximately caused by the reckless or criminally negligent conduct . However , that answer needs more  to determine it's true meaning.

Here it is right from the Tennessee Code ;

(d)  “Criminal negligence” refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.

Now I just need to know what gross deviation from the standard of care means .

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One of the jury selection concepts I was taught at the Trial Lawyers College was to embrace the gifts the jurors gave you . I did not fully understand the concept during the lecture. However , the light bulb came on once I saw it in action.

I was sitting in the courtroom of the Cheatham County Courthouse . It is pictured in the post  .  I was there to settle a criminal case during a break in the trial. I listened to the jury selection with interest . It was a DUI case . One juror disclosed that she believed in zero tolerance of alcohol and driving . No one should have any alcohol and drive was her position . The defense lawyer tried to challenge her for cause . As trial judges are taught , one question was asked . "Can you follow the Law ". The juror said , " Of Course ". The juror stayed.

What did the criminal defense lawyer accomplish ? First , he killed any meaningful discussion  of the jurors . The lawyer showed to the other jurors what happens if you speak your mind . The result is keep your mouth shut. Most importantly was the failure to open the gift . The gift was her full and honest disclosure of her true feelings about drunk driving . The juror's belief of zero tolerance with alcohol and driving which is not uncommon in the Bible belt  and I am sure others in the panel had the same belief .

Use the gift of her disclosure to ask other jurors how they feel about her comment . Discover why she feels the way she does. Use the poison answer to tell your story of the case . Don't hide from the bad answer . Embrace it . Deal with it . Use all the gifts the jury gives you .

If your trying cases , take a minute to watch the jury selection of other lawyers . You just might learn something by watching and listening .

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In the last few weeks , I have not posted much on the blog . I traveled to Dubois , Wyoming for three weeks and attended the Trial Lawyers College . The Trial Lawyers College was founded by Gerry Spence in 1994. My thoughts were I needed to learn something new . Over three weeks , I attended over 140 hours of training and developed new concepts to help my clients. Also , I made some life long friendships with some of the finest lawyers across America.

Over the years , Gerry Spence won cases time and time again . He developed some different approaches to the art of a jury trial. Most involve relying on discovering the story of the case. In any story , the characters are important. Lawyers refer to characters as witnesses. Gerry has written and spoken on preparing your witness and the qualities of a great witness.

In a criminal trial , one of the toughest decisions for a citizen accused to make is whether to testify in their own behalf. There is an inherent danger in calling your client as a witness in a criminal case. Most assistant district attorneys dream about cross-examining a citizen accused of a crime. A well prepared cross examination will frighten the citizen , make them angry , leave him or her confused. in some cases , It will go on and on until the witness looks like they are evasive , hostile , and can't keep their story straight. A good cross examination will leave a innocent citizen accused appearing guilty.

How do you combat the vicious cross examination ?  First preparation is the key. Often , criminal defense attorneys practice the direct of their client , but often ignore the cross examination.However , a witness can leave a great impression with the jury if they have three qualities;

• A great witness must remain calm.
• A great witness must remain courteous.
• A great witness must remain considerate.

I would like to thank Gerry Spence , the instructors at the Trial Lawyers College , and the staff. From time to time I will be writing about more of the concepts.

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