Molon Labe! by Boston T. Party, Kenneth W. Royce
Authors: Boston T. Party, Kenneth W. Royce
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the section 921 term 'significantly' is one of subjectivity versus objectivity. Lay persons are allowed to render subjective opinions regarding pertinent adverbial issues. There is ample precedent on this point, specifically US v. C"
Fleming cuts her off. "I'm quite aware of the case law, Miss Kramer, thank you." He swivels his gray-maned head to Krempler and says, "Objection overruled. The witness may answer, if he has an opinion."
Juliette smiles. "Thank you, Your Honor. Mr. Krassny, to your recollection did the muzzle brake significantly reduce your rifle's flash signature?"
"No, ma'am. It changed the shape of the flash a bit because of the ports, but the overall size and brightness seemed about the same to me."
"Thank you, Mr. Krassny," Juliette smiles brightly. "No further questions, Your Honor."
"Do you wish to cross examine, Mr. Krempler?" asks Fleming.
Still sizzling, Krempler replies, "No questions." Best to get Krassny off the stand and let the ATF video do the "talking."
"Mr. Krassny, you may step down. You're dismissed."
Law is nothing unless close behind it stands a warm, living public opinion.
— Wendell Phillips
Juliette will now rest for the defense. Since the ATF video is so damaging to her case, she decides to argue against the law — always a perilous tactic, especially in federal court. Krempler has waived his right to go first. She begins her closing argument simply.
"Ladies and gentleman of the jury, why are we even here ? To decide the fate of an honest, productive local citizen for having two ounces of steel at the end of a rifle barrel? For that he deserves to be punished with five years in federal prison and a $10,000 fine?"
"Objection!" cries Jack Krempler, springing to his feet.
"Sustained!" booms the Honorable Henry T. Fleming. "The jury will disregard that last remark by defense counsel. Miss Kramer, you are no doubt aware that a crime's possible sentence cannot be used to sway a jury towards acquittal! If that happens again, I will find you in contempt of court!"
"Sorry, Your Honor," Juliette intones. She knows that no remark can be truly disregarded by any jury, especially after the prosecutor and judge had made such a fuss about it. Defense attorneys had a little saying: You can't unring a bell. The jury would no doubt discuss the fairness of the punishment for such a technical violation.
"She's going for nullification," Krempler's assistant whispers.
"Sure she is. It's all she's got ," gloats the AUSA. "With any luck she'll land a contempt and sour the jury."
Juliette pushes on unfazed. "Why are we even here ? Because of a 'Simon Says' regulation which prohibits a flash suppressor on Mr. Russell's rifle. Oooooh! Thank God we have laws against that sort of thing — that and bayonet mounts."
The courtroom titters with laughter. Several jurors smile.
"I have here a bag of a dozen muzzle attachments. Eleven are muzzle brakes, and one is an actual, honest-to-God, flash suppressor." She dumps them on a table in front of the jury panel. Twelve black cylinders noisily roll about as she corrals them. "Can anyone spot the evil flash suppressor?"
"Objection, Your Honor!" cries Jack Krempler. "This is wholly improper! These muzz — uh, items have not been admitted into evidence!"
"Sustained!" Fleming instantly replies. "Miss Kramer, you will remove those at once! You are on very thin ice here!"
"Yes, Your Honor." Juliette begins placing them one by one back in the clear ZipLoc bag, muttering just under her breath, "Are you the evil one? What about you? You look kinda evil." Most jurors are openly snickering.
The AUSA assistant whispers, "Man, she's really pushing it!"
Jack Krempler nods stonily.
Regaining her stride, Juliette changes tack. "Folks, there is one crucial thing that Mr. Krempler from the United States Government failed to explain to all of us. It is vital to today's case." She pauses for a moment and stares directly at the Government's table of attorneys.
"Mr.
Fleming cuts her off. "I'm quite aware of the case law, Miss Kramer, thank you." He swivels his gray-maned head to Krempler and says, "Objection overruled. The witness may answer, if he has an opinion."
Juliette smiles. "Thank you, Your Honor. Mr. Krassny, to your recollection did the muzzle brake significantly reduce your rifle's flash signature?"
"No, ma'am. It changed the shape of the flash a bit because of the ports, but the overall size and brightness seemed about the same to me."
"Thank you, Mr. Krassny," Juliette smiles brightly. "No further questions, Your Honor."
"Do you wish to cross examine, Mr. Krempler?" asks Fleming.
Still sizzling, Krempler replies, "No questions." Best to get Krassny off the stand and let the ATF video do the "talking."
"Mr. Krassny, you may step down. You're dismissed."
Law is nothing unless close behind it stands a warm, living public opinion.
— Wendell Phillips
Juliette will now rest for the defense. Since the ATF video is so damaging to her case, she decides to argue against the law — always a perilous tactic, especially in federal court. Krempler has waived his right to go first. She begins her closing argument simply.
"Ladies and gentleman of the jury, why are we even here ? To decide the fate of an honest, productive local citizen for having two ounces of steel at the end of a rifle barrel? For that he deserves to be punished with five years in federal prison and a $10,000 fine?"
"Objection!" cries Jack Krempler, springing to his feet.
"Sustained!" booms the Honorable Henry T. Fleming. "The jury will disregard that last remark by defense counsel. Miss Kramer, you are no doubt aware that a crime's possible sentence cannot be used to sway a jury towards acquittal! If that happens again, I will find you in contempt of court!"
"Sorry, Your Honor," Juliette intones. She knows that no remark can be truly disregarded by any jury, especially after the prosecutor and judge had made such a fuss about it. Defense attorneys had a little saying: You can't unring a bell. The jury would no doubt discuss the fairness of the punishment for such a technical violation.
"She's going for nullification," Krempler's assistant whispers.
"Sure she is. It's all she's got ," gloats the AUSA. "With any luck she'll land a contempt and sour the jury."
Juliette pushes on unfazed. "Why are we even here ? Because of a 'Simon Says' regulation which prohibits a flash suppressor on Mr. Russell's rifle. Oooooh! Thank God we have laws against that sort of thing — that and bayonet mounts."
The courtroom titters with laughter. Several jurors smile.
"I have here a bag of a dozen muzzle attachments. Eleven are muzzle brakes, and one is an actual, honest-to-God, flash suppressor." She dumps them on a table in front of the jury panel. Twelve black cylinders noisily roll about as she corrals them. "Can anyone spot the evil flash suppressor?"
"Objection, Your Honor!" cries Jack Krempler. "This is wholly improper! These muzz — uh, items have not been admitted into evidence!"
"Sustained!" Fleming instantly replies. "Miss Kramer, you will remove those at once! You are on very thin ice here!"
"Yes, Your Honor." Juliette begins placing them one by one back in the clear ZipLoc bag, muttering just under her breath, "Are you the evil one? What about you? You look kinda evil." Most jurors are openly snickering.
The AUSA assistant whispers, "Man, she's really pushing it!"
Jack Krempler nods stonily.
Regaining her stride, Juliette changes tack. "Folks, there is one crucial thing that Mr. Krempler from the United States Government failed to explain to all of us. It is vital to today's case." She pauses for a moment and stares directly at the Government's table of attorneys.
"Mr.
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