Who out there watches TV these days? It's not very chic to admit to watching much TV, as such activities would take away from more "important" activities. I have friends that check their phone non-stop, take it everywhere--yet boldly proclaim (in their best holier than thou voice) "I don't watch much TV". What do you call that 4.7" screen you carry around 24/7? Hate to burst bubbles here, but smartphone addicts are just trading TV one screen for another.
Nobody ever admits to watching much TV, but one thing I like about Obama is the fact that he owns up to watching his fair share of television. And, he has good taste (because, ..he likes the shows I like). So, let me go on the record here to say that I agree with Obama--the Showtime series "Homeland" is one of the best shows on television. For those of you who don't know, Homeland is a CIA drama that tracks terrorists. The funny thing is, most of the CIA operatives on the show are not entitled to know what the other characters know. Everyone is on a need to know basis. (Wait for the segue, wait, here it comes...) The criminal justice system treats the jury in much the same way, the facts shared with the jury are on a need to know basis.
The case of Young v. State lays out for us what happens when the jury is told something they're not supposed to know. 137 So. 3d 532 (Fla. 4th DCA 2014). Young was convicted of burglary of a dwelling and grand theft (yes, it's possible under some circumstances, but we're not going there today). The error in this case came down to a prosecutor's misstatements to the jury during closing. To understand the err, let's review what led up to it.
On the day of the burglary, the victim was invited to the police station to check out a photo lineup. Young was picked out of the photo lineup. Young's defense attorney filed a Motion to Suppress the photo lineup because it was "inherently suggestive". For those of you who don't know how this works, let me explain how a bad lineup is created: (1) victim tells officer what the suspect looked like (2) officer goes into database and finds five people that look vaguely similar to the victim's description, and (3) the sixth photo will be the person the officer believes to be guilty. For example, if the victim claims the suspect was an albino white male, a la Jim Gaffigan, the line up will include three dark skin Italians, two guys from India, and one super white dude who they suspect committed the crime. All six of the folks are technically white males, but small detail regarding the shade of skin complexion will be left out of all police reports--thereby making the photo lineup seem more legit.