United States v. Crittenden, Brief of Amicus Curiae Professor Jennifer L. Mascott in Support of Defendant-Appellee on Rehearing En Banc

Abstract

The Court should affirm the district court’s order granting a new trial based on a weight of the evidence standard, which is consistent with the centuries-old understanding of the proper scope of the new trial protection for criminal jury trials, a critical component of American self-government and an important constraint on federal prosecutorial overreach. Rather than disrupting deference to juries, extensive early federal and state case law suggests that ready availability of new trials promotes the jury trial right. Over centuries rooted in British common law and the Judiciary Act of 1789, federal and state courts have recognized new trials as a safety valve to correct verdicts contrary to the weight of evidence where the evidence is “doubtful” or a verdict “does not satisfy the conscience of the judge.”

Keywords: Criminal Law, Constitutional Law, Federal Law, Criminal Procedure, Jury trial, Judicial power

JEL Classification: K1, K14, K4, K42