FENG SHUI FOR FELONS
An Editorial By W. ADAM MANDELBAUM
Today's column doesn't deal with a stupid statute. It deals with the criminal court and jury trials.
It is still raw law, and it reveals how felony feng shui can prejudice a jury before the trial even starts—the presumption of innocence notwithstanding.
You walk into a courtroom in criminal land. Who sits close to the judge? The Prosecutor.
Who sits far away from the judge? The defendant and his attorney. Don't think that matters?
Well, think of this—close friend, distant relative—which terminology makes you feel warm and fuzzy,
which makes you feel rather cold?
The only alleged bad guy in the room is called the defendant. That sounds like he has something to defend, doesn't it?
You are kind of looking at him and expecting him, well, to defend. BUT, the constitution doesn't put the burden on the defendant to defend, (unless he is using an affirmative defense like alibi, or something) it puts the burden on the prosecutor—the guy who is sitting CLOSE to the judge.
Better to refer to the defendant, as the PRESUMED INNOCENT, because that's all he is until a jury states otherwise.
Fat chance of that ever happening.
Now, how about that judge? That grand arbiter of the law. His desk and chair are higher than those of anybody else.
He da man, here come da judge, etc. etc. What message does that send to a jury?
Man in the black robe, can't make a mistaken ruling, not him. Look, he is sitting higher than anybody else, must be right.
The prosecutor is often referred to as "the People." The case is called People of the State of New York vs. Joe Blow.
Isn't that impressive? The entire state of New York is going after this guy called a defendant
who is sitting far away from a judge who is called Your Honor.
A trial is a gestalt—it's the whole enchilada, words, documents, judicial pronouncements, and the layout of the courtroom. Something
to think about next time you get jury duty.
Comments? Don't exercise your right to remain silent, let us know what you think.
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