Aussie Rethinks Opposition to Death Penalty: David Barnett, an Australian writer and lifetime opponent of capital punishment, has this piece in the Canberra Times suggesting that Australia should reconsider its opposition to the death penalty. Barnett's views on the death penalty changed after 80 Australians were killed in 2002, when terrorists bombed a nightclub on the resort island of Bali, leaving 200 people dead. When Indonesia decided to execute the bombers, some in Australia voiced opposition. But for Barnett, "The fate of the Bali Bombers is well warranted."

Overwhelming Juries: An article in today's Wall Street Journal by Leslie Eaton and Amir Efrati, discusses the "danger of overkill" in complex cases. The authors point to the mistrial in the Texas prosecution of the Holy Land Foundation, which was charged with helping terrorists. Jurors were overwhelmed by the 197 counts and an "avalanche of evidence." The urge to build a mountain of evidence and anticipate every conceivable argument is identified as an occupational hazard for many litigators, which can exhaust the jury, leaving it confused and unable to reach a verdict. The authors present several cases to illustrate the problem.