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Murder or manslaughter? Sorry, just the facts

By Mark Obbie

Here's an example of a verdict story that's long on facts and short on the law. Albany Times-Union reporter Bob Gardinier does a decent job of explaining key testimony in the trial of a man charged with second-degree murder in a street-fight stabbing. And there's no shortage of reaction from the victim's family and friends who are outraged by the verdict on a lesser charge of second-degree manslaughter. But what besides conflicting testimony over who was the aggressor might explain the jury's decision? Hmmmm... let's think here a moment. I know! The judge instructed the jury on the definitions of those two offenses in the context of this crime, and the jury evidently didn't see proof beyond a reasonable doubt for the elements of murder-two but did for manslaughter-two. By not explaining what the legal difference is, Gardinier gives his readers two options for what to believe: (A) when a victim might be to blame, a jury can ease up on the penalty, or (B) the courts are arbitrary and unfair.  One is too general to be meaningful, and the other is quite possibly unfair. And no, in case you're wondering: The paper's story last week on final arguments and the jury charge, by Kenneth Crowe II, was no clearer on what exactly the jury was asked to decide. (Via Judicial Reports)

Full post as published by Lawbeat on August 19, 2008 (boomark / email).