From World Net Daily --
This bottom feeding defense attorney claims use of the word "rape" would unfairly prejudice the jury against his client.The new order comes from Jeffre Cheuvront, a district judge in Lancaster County, who granted a defense motion to ban such words. A defense lawyer, Clarence Mock, told the Lincoln Star-Journal those references should be restricted to keep the trial fair.
"Rape" is not even a legal term, he noted. And while "sexual assault" is, that references something only the jury can determine, he said.
"Under the rules of evidence, witnesses can't reach legal conclusions," he told the newspaper
But the judge also rejected a motion from prosecutors to ban the words "sex" and "intercourse," because they imply consent, and the woman who brought the complaint, Tory Bowen, said that leaves her being forced by the judge to commit perjury.
"The word 'sex' implies consent," she said. "I never once would describe (what happened) as sex. He's making me commit perjury." More.....
Sort of makes you wonder if this will be used by defense attorney's everywhere.
As a guy who also grew up in Bedford (Midwest sensibilities) but now resides in San Fran, CA I can attest to said liberal views. But before you reach for the simple Right vs Left view of the situation, consider: A person hires a lawyer to vigorously defend them in court against the charges. If an argument over semantics is one approach to that defense, the defendant is well served.. be that defendant a Republican, Democrat or Independent.
ReplyDeleteHello, thanks for commenting.
ReplyDeleteThink you got a little lost reading my post. I made no reference to left or right. I made no reference to the defendant's political beliefs whatsoever.
I stated you got to love liberal judges.
I am not an attorney but I believe the canon of ethics reads, zealously, not vigorously.
A defense attorney should look for any and all legal ways to defend their client, as it is their job. Just as it is the prosecutors to do so for the state.
It is the job of the judge to ensure a fair trial. It is not the judges job to make rulings on motions that will unfairly predjudice the jury. As the defendant has this right, so does the state and the victim.
I would to defer to any attorney's out in the blog world as to if the word "rape" is not a legal term as suggested by the defense attorney as the basis of his motion.
In granting in what I believe is a liberal & biased ruling, the judge changes the whole intent of the charges.
Had the judge also banned the words "sex" & "intercourse," as the prosecution requested, I could understand his ruling. While it would still make no sense.
The intent of the post is here is yet another liberal activist judge, trying to redefine the law. I have no idea what party affiliation of this judge, nor do I care. But I bet it would be easy to guess.
Wow, Bedford to SF! That had to be a culture shock to be surrounded with those types of people.
I have several cousins that have moved from Bedford to CA.
Don't know when you left but Bedford is changing and our schools are for crap. We are becoming a more racially diverse community, which is good. Our school board members feel that the blacks are bringing the schools down.
In fact one of them, Joe Mestnik, recently stated to me in a phone conversation that black kids in general are uncapable of learning at the same pace of white kids.