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Science 2012-07-20

The Sandusky Conviction and Legal Issues in Sex Crimes Cases

A variety of issues that arose in the Jerry Sandusky criminal trial in Pennsylvania are common to Ohio sex crimes prosecutions.

July 20, 2012

The Sandusky Conviction and Legal Issues in Sex Crimes Cases

A variety of issues that arose in the Jerry Sandusky criminal trial in Pennsylvania are common to sex crimes prosecutions in Ohio and other states. Sandusky now awaits sentencing after the jury returned a guilty verdict on 45 counts of rape, sodomy and other child molestation crimes that came to light in the Penn State sex abuse scandal.

In the aftermath of his child sex abuse conviction, legal commentators have begun to speculate on the legal basis for Sandusky's request for reconsideration of the verdict and likely appeal. One theory is that he has a valid claim for ineffective assistance of counsel due to his criminal defense attorney's statements to the media, as well as advising his client to speak to NBC reporter Bob Costas.

Other appealable issues might be based on the rapid rush to trial, which gave the defense little time to review a tremendous range of evidence produced by the prosecution. Judge John Cleland refused to grant the defense team's last request for a continuance.

As in any sex crimes prosecution, issues arose as to disclosure of witness identity -- Judge Cleland denied the use of pseudonyms -- and the defense decision to keep the defendant off the stand to testify in his own defense. Despite suggesting in the opening statement that Sandusky might testify, criminal defense lawyers rarely employ this tactic due to complex rules of evidence involving cross examination.

While Judge Cleland banned tweets and other electronic communications by reporters to limit the impact of instant media coverage on the trial, the Centre County Courthouse was the scene of constant scrutiny from national news outlets. According to one report, more than 250 reporters attended the Penn State sex crimes trial.

Aggressive Defense From Investigation to Conclusion of Trial and Beyond

Ensuring a client's fair treatment in the face of scandalous allegations of sex with children, solicitation or other sex offenses requires aggressive action and an agile trial strategy. Whether the accused person's most realistic goal is acquittal or reduction of charges, a sex crimes attorney can explain the legal issues and advise quick action to avoid premature conclusions from a trial in the media.

Article provided by Adam Boyd Bleile
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