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Orleans Judge bans use of the word "rape" during a rape trial
Posted on 10/31/19 at 7:31 am
Posted on 10/31/19 at 7:31 am
It would be tough to find another place as special as Nola.
LINK
LINK
quote:
NEW ORLEANS (AP) — A Louisiana appeals court has overruled a judge who said prosecutors could not use the word “rape” during a man’s rape trial.
In a ruling filed Wednesday, Judge Ben Willard in New Orleans granted a defense request to bar prosecutors and prosecution witnesses from using the word rape in an ongoing trial.
Prosecutors appealed, noting the defendant faces multiple charges, including first-degree rape.
A three-judge panel of Louisiana’s 4th Circuit Court of Appeal agreed that Willard was wrong to ban the use of the word rape by prosecutors.
It’s unclear why lawyers with the New Orleans Public Defenders office made the request. The office did not immediately respond to a request for comment.
7
Posted on 10/31/19 at 7:33 am to tLSU
quote:
It’s unclear why lawyers with the New Orleans Public Defenders office made the request.
because of priming, which is a silly legal argument
"rape" now triggers "really bad" in our brains subconsciously, which will prime jurors to dislike the defendant
Posted on 10/31/19 at 7:33 am to tLSU
quote:
Prosecutors appealed, noting the defendant faces multiple charges, including first-degree rape.
A three-judge panel of Louisiana’s 4th Circuit Court of Appeal agreed that Willard was wrong to ban the use of the word rape by prosecutors.
Posted on 10/31/19 at 7:35 am to tLSU
New Orleans is the drunk, piss-on-yourself version of Austin, TX.
Posted on 10/31/19 at 7:35 am to tLSU
Maybe he hates the word "rape" the way some women hate the word "moist".
Posted on 10/31/19 at 7:41 am to SlowFlowPro
quote:
SlowFlowPro
Just shooting in the dark, I would go with improper lay legal opinion. In a trial for first degree rape, the term has a specific legal definition and the prosecution has the burden to prove each of those elements. I would argue that allowing lay witnesses to use the term rape would improperly influence the jury by invading their province as the trier of fact.
Now, I’ve never actually made such an argument, but still
Posted on 10/31/19 at 7:42 am to tLSU
Luckily Peter Rape wasn’t on trial...
Posted on 10/31/19 at 7:44 am to SlowFlowPro
quote:
which is a silly legal argument
Well, it worked on one judge
Posted on 10/31/19 at 7:46 am to tLSU
Are they saying the term "rape" is prejudicial? Is "murder" next?
Posted on 10/31/19 at 7:49 am to Joshjrn
It wasn't just witnesses, it was prosecutors as well. They couldn't tell the jury the charge that they were prosecuting.
Posted on 10/31/19 at 7:50 am to Tchefuncte Tiger
quote:
Are they saying the term "rape" is prejudicial? Is "murder" next?
It’s actually unusual to hear the word murder during lay witness testimony in a murder trial. Killed, shot, stabbed, dead, died, etc are all common. Even though it’s obviously a very common word, we generally use the word murder solely when discussing legal implications; it’s not generally a word someone would use when giving a description of events.
Posted on 10/31/19 at 7:52 am to tLSU
quote:
It wasn't just witnesses, it was prosecutors as well. They couldn't tell the jury the charge that they were prosecuting.
If true, that’s silly. With that said, news media is fricking horrific at describing legal issues. Before I throw stones at the defense attorneys, I would want a vastly better source
Posted on 10/31/19 at 7:56 am to TheHarahanian
quote:
Maybe he hates the word "rape"
orrrrr maybe there was $ involved.
Posted on 10/31/19 at 8:09 am to SlowFlowPro
Your Honor, Prosecution agrees that using the term Rape(d) in presenting the State’s case could potentially prejudice the jury against the defense of the accused. To avoid any possibility of leading the jury towards a predetermined judgment against the defendant, when making it’s case, Prosecution proffers substituting Rape(d) with “Against her will, forcibly f**cked her in the pu$$y.” Thank you, Your Honor.
Honk, Honk.
Honk, Honk.
Posted on 10/31/19 at 8:14 am to tLSU
The honorable judge
Posted on 10/31/19 at 8:17 am to Joshjrn
quote:
the term has a specific legal definition and the prosecution has the burden to prove each of those elements.
yeah well you have to actually discuss the term to tell the jury all of that
quote:
I would argue that allowing lay witnesses to use the term rape would improperly influence the jury by invading their province as the trier of fact.
was this limited to just witnesses?
Posted on 10/31/19 at 8:21 am to Joshjrn
quote:
If true, that’s silly. With that said, news media is fricking horrific at describing legal issues. Before I throw stones at the defense attorneys, I would want a vastly better source
i'm going to guess that since the ruling was Wed and the ruling came down Thursday, it was an emergency writ and if the court ruled so quickly i have to assume it was much more than just lay witnesses.
Posted on 10/31/19 at 8:31 am to TheHarahanian
quote:they also hate the word "twat"
Maybe he hates the word "rape" the way some women hate the word "moist".
Posted on 10/31/19 at 8:31 am to SlowFlowPro
quote:can’t have a biased jury. Words matter
because of priming, which is a silly legal argument
"rape" now triggers "really bad" in our brains subconsciously, which will prime jurors to dislike the defendant
There wouldn’t be the concept of “priming” if it wasn’t effective
This post was edited on 10/31/19 at 8:34 am
Posted on 10/31/19 at 11:58 am to chalmetteowl
quote:
can’t have a biased jury. Words matter
yeah but you also can't have a jury adjudging a person of a crime without (1) knowing what crime is being discussed and (2) what elements constitute that crime
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