Mansfield Fox

Law student. Yankees fan. Massive fraggle. Just living the American dream.

Wednesday, July 28, 2004

Condolences Welcomed & Appreciated

To quote the late, great Warren Zevon: poor, poor pitiful me.

I don't usually blog about my job, because I don't think it would be especially interesting to anyone else, and also because I'm wary I might say something I regret. Working in criminal prosecution as I've been doing, I tend to see people who are, if not at their worst, at least in dire straits. I'd hate to speak ill of them, even anonymously, unnecessarily. I also don't want to say something about a judge or a prosecutor who I might need to ask for a recommendation at some point, and have it get back to them, and upset them. (For the record, I like and respect all the people I work for and with. Yes, even the public defenders.) The decision to suspend the above general rule of thumb was based on the important-moment-in-my-life status of today's events, and on a firm belief that no-one but myself would have an interest in keeping them undisclosed to the handful of people who actually read this thing.

I lost my first trial today. It was a motor vehicle case, a running a red light. I successfully proved that the defendant committed the actus reus (did the proscribed acts) and that he had at least the requisite mens rea (basically, the level of intent). Indeed, the defendant admitted, repeatedly, on the record, under oath, that he had run the red light. But, at the end of the trial, the judge decided, in light of the circumstances, to find the defendant "not guilty". I won't go into what the circumstances were here; if you're genuinely curious, email me and I'll try to get back to you. Suffice it to say they're nothing especially exotic; the defendant didn't run the red light while in pursuit of Osama bin Laden, or anything. But they were enough to get this gentleman off on the charges.

Losing my trial was a burr in my side most of the night. It stinks losing in general, and it was especially frustrating to lose after having proved everything I thought I was required to prove. Especially since the other intern in my office won his motor vehicle case, in front of the same judge, only yesterday. So I stewed over it for a while. But after a couple hours, and a big Chinese buffet dinner, and a few fine malt beverages, I feel better. Life goes on, I suppose, as will my illustrious internship. I have other trials to prepare for (not mine, don't worry) and a very busy day in courtroom A tomorrow.

Still, it would've been nice to get out of the gate 1-0 rather than 0-1.