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December 2011 Archives

Why Judges Hate Jury Trials

Why judges hate jury trials in courts used to be a mystery to me. Even though the Colorado and United States' Constitutions guarantee criminal defendants jury trials in courts, judges hate them. After more than twenty years of working with judges, I understand the reasons why.

Insanity as a Defense in Colorado

Insanity as a Defense in Colorado is a tough affirmative defense to use. The Colorado legislature has made it very difficult to use this defense, due to its great power.  Our elected leaders don't want people using it as a "get out of jail free card", for purposeful conduct.  Once you qualify for this defense, you cannot be held criminally responsible for your conduct, no matter what the crime in Denver, Jefferson, Douglas, Adams or Arapahoe County. This Affirmative Defense works with all crimes, including felony assault and murder.

Criminal Sentencing in Colorado Courts

Criminal Sentencing in Colorado courts is a thing of art. Today, I watched a public defender take a fellow with a new probation revocation for felony theft, after a terrible criminal history, and get him a sentence of only ten days of jail and probation. That was a thing of art.

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Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

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