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Criminal Law

: Crime and Consequences

Taking The Importance of Words Too Far

By Kent Scheidegger et al.

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Hattip to BLT for its link to Tresa Baldas article in The National Law Journal, "Courts Putting Hot-Button Words on Ice." The article reports on the success of the defense bar in convincing trial judges to ban prosecutors and witness from using certain words, like "victim" and "rape" at trial. According to the defense attorneys quoted in the article, when used at trial, words like "victim" and "rape", or even "crime scene" and "public defender" interfere with the criminal defendant's presumption of innocence. What?! How?! Let us forget for one moment, the fact that the defendant is already present, at trial, with an attorney, and has been accused by the state of some sort of "bad act" (I can't call it a "crime", that's not allowed)...continue to full post

Full post as published by Crime and Consequences on June 16, 2008 (boomark / email).

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