Is that correct (and I truly don’t know so it’s an honest question)? Would that kind of background about the victim be admissible in the criminal trial?
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And complains to the mods which makes it their headache so then they shut it down rather than have the constant bother.
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I see. Well, I hear what you are saying.
I personally take YD’s posts as being about the dangers of blaming the victim, regardless of how reprehensible they may appear to be.
And to point out that often we don’t quite remember things previously posed correctly.
Though I also agree they are aggro too!
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But it has been proven time and time again that SHE does not remember things correctly, but not only that, twists other’s words and intents to suit HER narrative.
Continue if you wish. This thread will eventually get shut down too!
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The mods shut down the thread when they see bickering and inappropriate language. It’s their decision.
If you don’t want the thread shut down, all you need to do is refrain from the personal insults and inappropriate language.
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So much this. The only workable solution for me is “scroll on by!” I sing it to the tune of “Walk On By” each time. Nothing like a little Burt Bacharach (Dionne Warwick version) to lift the spirits on a dreary day!
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But, back to the interesting discussion: KM is it true testimony from others involved will be heard at the trial? That would be something! I do feel sorry for the prosecution and the judge at that point.
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It may depend upon the judge, but I would think it would not. It is irrelevant.
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If the civil defense attorneys have mentioned LK’s past history of harassment caused MB to experience a mental breakdown and wasn’t responsible for his actions August 7, it would make sense the criminal defense will also try to introduce much of the evidence from her SM and texts to prove their point. Whether they subpoena the individuals to testify or if they use sworn affidavits would be up to the criminal trial judge I would think.
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ETA: responding to skydy
So, that’s what I thought I remembered from what little criminal stuff I had to do in law school. Even if the victim has serious crime in their background you usually don’t get to introduce that. But, as I mentioned, I’m way out of my depth here. I do strictly transactional, mostly renewable energy stuff. I’d be useless in a courtroom!
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Major criminal trials typically hear testimony from a wide variety of people, arranged by both prosecution and defense with the permission of the court. Those can include first responders, bystanders, character references, confederates, expert testimony from psychiatrists, doctors, ballistics experts as appropriate, etc. In our system the victim or the victims surviving family also get to read a “victim impact statement” to the court.
That’s why criminal trials take so long. That said, the barrier for what is admissible in court is much higher than what can be said in a submission about a civil claim. Some of the background details may be inadmissible in the trial if they don’t directly relate to this case.
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It’s at the discretion of a judge if her record can be brought up in court. Defendant’s counsel would have to have a compelling reason as to why it’s relevant to the case.
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Interesting, thanks. In retrospect I recall I’m thinking of past crimes of the defendant. Defendant’s counsel deffo has a compelling reason esp if they are making the case that he was not in his right mind b/c of her harassment.
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Thank you!
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then why did you make such a multi-page BFD about it? 😂
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In general, I find it useful to know the area of expertise of a poster giving expert sort of advice, and had remembered from a previous thread that she had said she was not American.
Statistically, most non-Americans on this thread are Canadian. I honestly did not think it was “big deal” to ask if she was Canadian.
While I understood that the post was about legal principles, several other posters thought she was talking about NJ specific laws.
She seems greatly offended that I would ask her nationality, and that by asking I somehow “canceled”
her post. I don’t think I have the power to “cancel” other people’s posts.
I realize that your question was probably rhetorical.
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[edit] You know exactly what she meant by “cancel”. She was generous in her explanation, which took place over two posts, where she spelled it out for you.
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Somebody’s non-feigned obtuseness is showing. Might want to tuck that back in.
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If his defense is diminished capacity, brought about by the victims behavior towards him, that behavior might be able to be brought in, but not her behavior towards others.
I am not legally qualified in any sense, but I asked a friend who is a former Prosecuting Attorney (as well as having practiced for many years as a Defense attorney.)
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Exactly this.
Instead of engaging in a conversation that respects other points of view, and discussing how those points of view have evolved…
There’s a refusal to consider, a denial that almost any hypothesis is game considering how few facts we actually know, and a disinterest in the actual discussion in broader terms.
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