Chapter 1 I Know Criminal Law. so How Is a Murder Case Any Different?

• Library: How to Try a Murder Case: Pretrial and Trial Guidelines for Prosecution and Defense (ABA) (2011 Ed.)

CHAPTER 1 I Know Criminal Law. So How Is a Murder Case Any Different?

The first question that comes to mind when one is faced with trial of a murder case is, why is a murder case any different from any other criminal case? Isn't a murder case just like any other criminal case, except that the stakes might be higher? The answer is both yes and no. A capital case certainly has some differences simply because it involves a potential death penalty. But what about all the other murder cases? Aren't they just like all criminal cases? Don't they start with an opening statement and end with closing arguments and a verdict? Isn't the burden on the government to prove all of the elements of each offense, beyond a reasonable doubt? Doesn't the defendant have the right to remain silent? Don't both sides get to call witnesses and cross-examine adverse witnesses?

Yes. All of that is true. But there are also intangible differences when it comes to murder. To paraphrase a line from the movie Casablanca, this is the stuff TV programs are made of. Almost all TV crime dramas feature murder as the central crime or crimes that are the focus of the show. Most lawyer shows do too.

Murder is different because murder—unlike any other crime—permanently deprives the victim of everything. The victim of theft or arson might be...