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Evidence Spring 2024

OPTIONAL: Commonwealth v. Williams

Read this if you want to hear a judge describing the abuse of discretion standard in the context of a case. In the majority opinion (not included) the majority affirmed Mr. William's conviction, even though the trial jude struck a Black juror for cause because of her perspective on racism in the criminal justice system. In the concurrence here, Judge Gants is explaining "I would have done this differently (the questioning of the prospective juror) but I don't think the trial judge abused his discretion." 

The case illustrates how the abuse of discretion standard defers to the trial judge, even when everybody seems capable of recognizing that something unjust has happened!