For Texas criminal defense attorneys, probably the most important function of jury selection is to identify potential jurors who might harbor a bias that would make it difficult for them to listen to the evidence objectively. In a DWI or DUI case, for example, a criminal defense lawyer would want to know whether a potential juror might have had an unusually bad experience with alcohol that would make him unable to be fair to both sides. In a sexual assault case, a criminal defense attorney would want to know if the juror, or someone close to the juror, was a victim of sexual assault. Finally, in a drug possession case, criminal defense lawyers would want to know whether a potential juror has a close friend or family member who has been affected by drug abuse.

In Texas, criminal defense lawyers actually get to ask specific questions to potential jurors regarding virtually any topic. Sometimes, the questions asked by the criminal defense attorneys may seem personal, but it is in everyone’s interest that the attorneys end up with a jury that will be fair to both sides. If you are not selected for a jury, you should not feel bad – some people are better suited than others to hear particular types of cases.

Criminal defense attorneys are aware that different types of cases – whether they are DWI, DUI, sexual assault or drug possession cases – present very different issues, and a good criminal defense lawyer will structure a voir dire in a manner that will allow bias to be uncovered. It is also important that the lawyer receive feedback from the client regarding potential jurors because often, intuition is a very valuable tool.

One way to lessen this danger is by forcing labs to publish data regarding their accuracy rate. That way, results of scientific tests are not presented to jurors in a vacuum – they can weigh the results with an understanding of how often the State gets it wrong. Recently, a judge in Michigan came to a similar conclusion and refused to admit blood evidence after the lab could not produce statistics regarding its error rate (read the story here).  ”Without an error rate, the lab leaves an inference that the test result is an absolute or true result,” the judge, Peter Wadel, said in an opinion. No doubt, science has a place in the courtroom, but caution has to be taken to minimize the danger that jurors will treat scientific evidence as infallible. Judge Wadel has the right approach.

Cases involving scientific evidence like breath and blood tests present unique challenges to defense attorneys, and that is why it is important to retain a lawyer experienced in challenging the science behind DWI or DUI cases. If you or a loved one is arrested for any offenses, including DUI or DWI, in Houston, TX, or the surrounding areas, the attorneys at Scheiner Law Group are an excellent choice.

Judge Kent’s reputation was well known in the Houston criminal defense community and in the Southern District of Texas. At least in terms of his temperament, Judge Kent’s reputation was not a good one.  Federal criminal defense in Houston takes a an experienced lawyer and a tremendous amount of effort.  It is complicated as it is, without having to be more difficult.  Judge Kent’s demeanor and courtroom antics were the exception and not the rule.  I have found that Houston criminal defense work is typically much more civilized than state criminal work.

This incident should be a reminder to all of us, be it Houston criminal defense attorneys, prosecutors and judges.  We are all human and we all make mistakes.  It is amazing the “holier than thou attitudes” I see every day at the Houston courts.  I have seen judges, prosecutors, probation officers, and criminal defense lawyers in Houston, all be on the wrong side of the Bar.  Yet, it never seems to change the way we see the citizen accused or even worse, the guilty.

The Chronicle goes on to discuss whether Judge Kent will receive his $174,000 salary.  Unless he is impeached, then he is entitled to keep it.  You better believe the members of Congress will be salivating to impeach the Judge for nothing more than to get their names in the paper.  I am not saying that I think he should receive his retirement, seeing as how he abused his position in more ways than one.  Yet, it is just another example of the people judging another without taking into account of their own humanness.