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re: Judge: Jury Sees Secret Files or Trump Wins

Posted on 3/19/24 at 8:09 am to
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99877 posts
Posted on 3/19/24 at 8:09 am to
quote:

A jury doesn't get to demand to see video of a surgery to make a determination that surgical medical records reflect what occurred. The doctor testifies to that


Um...the jury doesnt "demand" anything. The defense (or plaintiff/prosecution) can absolutely challenge that doctor's testimony regarding the records with the video (if that evidence exists). Ignoring cumulative evidence, five different "experts" can testify about something (and "authenticate" it), but the other side has the right to present the evidence to the finder of fact for them to make the determination.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425886 posts
Posted on 3/19/24 at 8:13 am to
I already said there are procedures in place for these classified documents cases.

quote:

The defense (or plaintiff/prosecution) can absolutely challenge that doctor's testimony regarding the records with the video (if that evidence exists).

And if the video doesn't exist, they rely on their own experts/testimony to attack the credibility of the records.

quote:

but the other side has the right to present the evidence to the finder of fact for them to make the determination.

Sure, which doesn't always require seeing "how the sausage is made". That's why we have experts do that for the jury instead.

*ETA: I already said there are precedents in how these types of cases are handled. This trial just needs to follow proper protocol within that scheme. If that requires getting the jurors qualified to view the documents, then so be it.
This post was edited on 3/19/24 at 8:14 am
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