Buting ,Williams & Stilling ,S.C. | A Criminal Defense Law Firm

Call Today for a FREE Consultation

262-923-8761

24 HOUR EMERGENCY CONTACT

Beyond guilt or innocence: ‘Making a Murderer’ raises big questions

On Behalf of | Feb 18, 2016 | Criminal Defense

The vast majority of criminal trials take place in obscurity, and most don’t receive much media attention outside the cities in which they take place. But when a case enters the national mainstream, as occurred with the Steven Avery case in the recent Netflix series “Making a Murderer,” the reverberations can extend beyond water-cooler conversation and armchair adjudication. The effects, for better or worse, may begin to alter the public’s perception of the entire legal process — and sometimes even the process itself.

Adding complexity to the jury selection process

Criminal defendants in the United States have a constitutional right to be tried by an impartial jury. However, assembling an impartial jury is no simple task. It requires the attorneys on both sides of a case to avoid making pretrial comments to the media that runs the risk of contaminating a pool of potential jurors. It also requires the attorneys and court to participate in an involved process of screening potential jurors for biases that could interfere with their ability to remain objective during the trial.

In the legal community, this process of screening and selecting jurors is known as voir dire. In the aftermath of “Making a Murderer,” the voir dire process may become even more challenging due to the show’s widespread popularity and its tendency to generate strong emotions and opinions among viewers. In particular, prosecutors may be more skeptical of potential jurors who have seen the series since they may view it as a sign of pro-defendant bias. But, if judges are fair, they should decline to strike jurors for cause merely because they have viewed the documentary. The same standard should be used on jurors who may come into the voir dire process with some partiality for the defense as courts have long applied when (more commonly) pro-prosecution jurors are present in the pool.

Challenging our assumptions about confessions

Another shift we could end up seeing as a result of the series is greater awareness around the issue of false and coerced confessions. Often, in the minds of people who have never experienced or witnessed a police interrogation, there is an assumption that a confession is irrefutable proof of guilt. However, that is far from the truth; according to the National Registry of Exonerations, 27 of the 58 people exonerated for homicide in 2015 had been convicted based on false confessions.

Whether or not you believe that Brendan Dassey was involved in the murder of Teresa Halbach, it is hard to ignore the procedural red flags that arose during his interrogation. The footage from those interrogations provides a rare public glimpse into the kinds of circumstances in which a criminal suspect might offer a false confession — particularly if he or she is young, mentally challenged or for other reasons unaware of the larger implications of what is taking place. Too often, especially to young people and other vulnerable individuals, it can seem like the only way out of the impossible situation is to tell the investigators what they want to hear and try to sort it out later.

Looking beyond the CSI effect

If “Making a Murderer” does end up having long-lasting repercussions in the criminal justice system, which it appears that it may, it would not be the first time that a television series has influenced the American legal landscape. A similar phenomenon surfaced about a decade ago with the so-called “CSI effect,” which was based on concerns that the show’s exaggerated reliance on forensic evidence was creating unrealistic expectations among potential jurors about the availability of such evidence. “Making a Murderer,” on the other hand, reminds viewers that even when forensic evidence does exist, it should not be treated as infallible proof of guilt.

Even more important, perhaps, are the questions that the show raises about the foundations of our criminal justice system itself. Specifically, what does it mean to have a fair trial? Does the system truly deliver on its promise that each that defendant — no matter how unpopular or disadvantaged — is presumed innocent until proven guilty? Or is it willing to look the other way in certain cases to achieve what appears on its face to be the right outcome?

Archives

FindLaw Network

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)