As another person who had not at all heard of the Leo Frank case, I was less surprised by the results of the case than by the application of charges to Frank. In recent years, the federal conviction rate has been about 93%. This number is somewhat lower in state cases, and has been somewhat lower historically, but there is still a tremendous natural advantage to the prosecution. In addition to the obvious, such as the prosecution presenting its case first and receiving 2 closing arguments, this case represented another example of tricky incentives for the defense. Because the defense must argue both that the client is innocent, and that the heinousness of the crime is less than the prosecution implies, as Frank’s defenders had to do when they
