Jim Horton | A Primer on Trials

Letters to the Editor
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Re: Letters, Feb. 11

Lois Eisenberg wrote one of her many letters discussing the state of our union. As usual, she wrote but did not research. 

Our trial process has been handed down to us from our English roots. A trial is made up of a defendant who, in the mind of authorities, has committed some transgression. The accepted procedure is for a prosecution to put on a case and be able to convince a jury of the guilt of the defendant.

I have not seen it yet where the jury is asked to assist the prosecution put on their case. The responsibility of the prosecution is to present a case so persuasive as to prove the guilt of the defendant.

The jury is to judge, not be part of the prosecution. 

The impeachment trial of President Trump was a charade and not a very good one at that. Lois, if you had bothered to listen, several esteemed law professors spoke on the constitutionality of the trial and what was covered in the Constitution and what was not. 

Our Constitution has certain generalities written intentionally into its text, but nowhere is there a clause that says you can “make it up as you go along,” which is what the Democrats sought to do.

Our Constitution is a rare document in human history. Ben Franklin wondered if we would be able to keep it. 

Our Constitution must be defended always and forever. Many people and forces seek to abridge or destroy it and yet, so far, there have been enough of us to keep this country on its original track.

Jim Horton

Valencia

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