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Appeals Court Overturns Drug Conviction, Citing Improper Prosecution
The U.S. Court of Appeals overturned a drug conviction after citing improper prosecution.
December 08, 2011 /Law and Legal PR News/ -- Appeals Court Overturns Drug Conviction, Citing Improper Prosecution
On courtroom dramas like NBC's "Law and Order," prosecutors often ask the jury to send a message to the public by finding the defendant guilty. These passionate pleas make for good television, but at least according to a three-judge U.S. Court of Appeals for the 9th Circuit panel, they are not allowed. Convictions must be based on the evidence, not the desire to make a statement about crime in general.
Court's Ruling: Overzealous Prosecution Not Allowed
According to the 9th Circuit's published opinion in U.S. v. Sanchez, Arturo Sanchez entered the U.S. by car at the Calexico, California port of entry. After he was referred to secondary inspection, a drug-sniffing dog alerted customs inspectors to Sanchez's vehicle, and a search turned up 64 pounds of cocaine. A grand jury indicted him for importing and possessing cocainewith intent to distribute, and Sanchez went to trial.
During trial, Sanchez claimed duress, testifying that he only transported the drugs because drug cartels had threatened his family's safety. The prosecution didn't buy it, asking why he never claimed duress during primary or secondary customs inspection or when an Immigration and Customs Enforcement agent interviewed him.
Then, during his closing rebuttal argument, the prosecutor told the jury that finding Sanchez not guilty would "send a memo" to drug traffickers about how to get away with smuggling: just tell drivers to claim duress if they get caught. This comment, the appeals panel held, was improper and prejudicial to Sanchez. The court said that the prosecutor improperly encouraged the jury to come to a verdict based on "potential social ramifications" -- curbing drug trafficking -- instead of actual guilt.
Defendants Have Constitutional Right to a Fair Trial
The 9th Circuit panel reversed Sanchez's conviction, in effect telling prosecutors that they cannot take away the right to a fair trial by asking the jury to reach a guilty verdict just to make a point. When prosecutors make prejudicial arguments, defendants can get their convictions overturned, thanks to guarantees found in the U.S. Constitution and other federal law that people will not be unfairly convicted.
Criminal defendants should contact a skilled criminal defense attorney to represent them in court and protect their legal rights. A knowledgeable criminal defense attorney will stand up for your constitutional rights throughout your court proceedings and object if the prosecution oversteps its bounds.
Article provided by Douglas L. Gardner Attorney at Law
Visit us at www.dgardnerlaw.com
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