I like the idea of reversing punishment in the order of discussion of voir dire. In all courts I have practiced in however, during the Judge's opening remarks, they always tell the panel the type of charge involved in the case, and in child cases you can see the dread on panel's faces at that very mention. But I could see the sense having the ROP near the beginning. I'll try it and see how it works.

I'm shamed to say I've never heard the airplane hypo before. I could see the use out of the airplane hypo to illustrate, but then what of the response that "it doesn't matter how bad it is in a child sexual assault case, I just can't imagine any facts other than the 13 year old cheerleader/17 year old football captain romance hypo where probation might be appropriate."

And I can't wait to hear Lisa's hypo, though I've never seen the show. Can you understand the hypo without having seen the show, Lisa?

Fort Bend Chief Prosecutor Suzy Morton uses, as do I since she shared it with me, a brief illustration using actress Terri Hatcher's recent media story of her 20+ year delayed outcry as an example. I have found that over half the panels usually are very familiar with her story, and it seems to make a point for them in cases where outcry is delayed.

[This message was edited by GG on 08-08-07 at .]

OK, OK, here's the episode recap:

http://abc.go.com/primetime/desperate/recaps/313.html

Got a scorned woman, desperate (no pun intended) for a child, who slips her ex husband a date rape drug and a little viagra then.... well, you get the rest.

In Texas, that is an aggravated sexual assault. In the eyes of the law, she has committed the exact same offense as the man who jumps out of the bushes, grabs the innocent victim, drags her into the woods and rapes her at knifepoint. Any doubt that the woman's scenario, however unlikely it may be (hey, it was on Sunday night TV so it has to be true!), is fundamentally different from a factual standpoint, and therefore a punishment standpoint, from the guy jumping out of the bushes with a knife?

So Greg, now you're gonna feel compelled to watch guilty pleasure TV, right?

quote:

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Originally posted by Lisa Tanner:

So Greg, now you're gonna feel compelled to watch guilty pleasure TV, right?

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Very good hypo, but, with two exceptions I CAN'T make myself watch network drama or sitcoms.

Now if that had happened to Jack Bauer, tho...when he wasn't busy saving the country from imminent nuclear destruction, THAT would be an interesting show. And I guess you could work that into a Deadwood plotline using sour mash instead of the date rape drug/viagra cocktail.