U.S. Supreme Court
Aug. 6, 2013
When courts reject inconvenient facts
As the state high court recently held, prosecutors must actually produce evidence rather than just arguments. The U.S. high court, on the other hand, might disagree. By Thomas M. Hall
Before the American Revolution, Crown prosecutors faced a problem when trying to convict American colonists of some crimes. Colonial juries proved sympathetic to defendants, and rigorously required prosecutors to prove every element of an offense. When such proof was inadequate, juries acquitted defendants.
In frustration, the Crown adopted the practice of transferring defendants to London or Nova Scotia or other Crown-friendly venues...
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